2005-290
ORDINANCE NO. 2005 - 290
An ordinance amending and rendering current Chapters 13.04 Water System, 13.08 Sewer System, 13.12 Septic
Tanks and Service Connections, 13.16 Wastewater Facilities and Sewer Use Ordinances, and creating a separate
Chapter 13.18 Sewer Service Charges, with forfeiture penalties and other relief for violations thereof as set
forth in the applicable penalty provisions of the affected Chapters.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. Chapter 13.04 of the Code of General Ordinances of the City of Janesville is hereby
amended to read as follows:
Chapters:
"Title 13
WATER AND SEWERS
13.04 Water System
13.08 Sewer System
13.10 Stormwater Utility and Management Services
13.12 Septic Tanks and Service Connections
13.16 Wastewater Facilities and Sewer Use Ordinance
13.18 Sewer Service Charges
Sections:
13.04.010
13.04.020
13.04.030
13.04.040
13.04.050
13.04.060
13.04.070
13.04.080
13.04.090
13.04.100
13.04.110
13.04.120
13.04.130
13.04.140
13.04.150
13.04.160
13.04.170
13.04.180
Chapter 13.04
WATER SYSTEM*
Waterworks management.
Definitions
Rules and regulations generally.
Water Treatment
Service area.
Underground work to be done by city-- Exceptions.
Meters
Fire Protection and Automatic Sprinkler Service
Use of Hydrants
Interference with facilities prohibited.
Waterworks system --Damaging forbidden.
Waterworks system--Unauthorized connection or
interference forbidden.
Unauthorized water use forbidden.
Unauthorized sale of water forbidden.
No Claims for Damages
Inspection
Cross connection control.
Private well abandonment.
--- '-_._.-_.._~~---..---------.--- -.--
13.04.190
13.04.200
Immediate discontinuance of service.
Violation-- Penalties.
13.04.010 Waterworks management. The entire charge and management of the waterworks
utility owned by the city, and all property used in connection therewith, shall be vested in the City Manager,
subject, however, to the general control and supervision of the council. The board of water commissioners, as
provided in Chapter 66 of the Wisconsin Statutes, has been abolished, and all the powers and duties of such
board are vested in the City Manager, subject to the control of the common council.
13.04.020
Definitions. See Section 13.16.030
13.04.030 Rules and regulations generally. The Director shall have the power, and it shall be
his duty, to prepare rules and regulations governing the introduction, supply and consumption of water, the
installation of plumbing in connection therewith, and fixing a schedule of rates for water service within the city.
Such rules and regulations are subject to review by the council.
13.04.040 Water treatment. To protect the public health, the water utility shall add chlorine and
fluoride to the water supply prior to entering the distribution system in accordance with the State Administrative
Code. The water utility shall conduct a monitoring and reporting program in compliance with the State
requirements.
13.04.050 Service area. The Water Utility shall provide service within the corporate limits of the
City. Service to properties or areas outside the City limits can not be provided unless the property owners enter
into an agreement with the City and a boundary agreement has been adopted between the City and the political
jurisdiction in which the property is located. This agreement will, among other things, require the property, or
the property owner's heirs or successors, to annex into the City when the City's corporate limits reach any side
of the property. If the property fails to annex to the City, for any reason, service will be terminated until such
time that annexation does occur.
13.04.060 Underground work to be done by city--Exception.
A. The laying of water mains, the construction of service laterals in connection with water services,
and also any and all necessary underground work in connection with the waterworks distribution system may be
done directly by the city without submitting the same for bids. This provision shall continue in force, until
otherwise provided by the council by proper ordinance; however, the rules may provide that repairs and
replacements of certain types oflaterals shall be done by and at the expense of the abutting property owner
subject to city supervision. All such work shall be done in accordance with the City and State plumbing codes.
B. To protect the city and property owners, permits for laying of service laterals will be issued only
to plumbers licensed in the State of Wisconsin, unless the work is done by the utility. It shall be the duty of the
plumbing inspector to supervise the installation of laterals and require said work and materials to be in
accordance with plumbing regulations in the city ordinance. It shall further be the duty of the plumbing
inspector to locate by measurement each service lateral and each curb shutoff with reference to some suitable
permanent building or street line. This information shall be entered on the records of the utility.
C. In addition to the Public Service Commission (PSC) Water Utility Operating Rules, no extension of
the water supply service shall be made from one building to a separate building on the same lot or parcel and no
division of water supply service shall be made at the curb to serve a separate building on the same lot or parcel
except as described in the following paragraph. Buildings used in the same business, located on the same parcel,
and served by a single lateral may have the customer's water supply piping installed to a central point so that volume
can be metered in one place.
D. All water service pipe laid underground between the main and the meter of2" in diameter or less
shall be Type K soft copper. All pipe larger than 2" shall be cast or ductile iron pipe meeting the standards ofthe
American Water Works Association (A WW A) for water service. Where the water main is made of a non-metallic
material (plastic pipe), the water service may also be made of a non-metallic material (plastic pipe), as approved by
the City and State plumbing codes.
E. In addition to the PSC Water Utility Operating Rules, when the property requires a larger service
lateral to replace an existing smaller diameter pipe, the smaller service must be disconnected at the main by removal
ofthe corporation. The utility will remove the existing corporation and plug the main, but the owner is responsible
for the excavation of the water main at the existing corporation and the street repair. In addition, the existing curb
box (stop box) must be removed by the owner. The owner is also responsible for all costs associated with the
installation of the new larger service lateral from the main to, and including, the curb box. Normally, two or more
water services may not be connected together for the purpose of increasing the quantity of water available for a
single premise. Two services will only be provided to one facility when required by the State Administrative Code
(i.e., certain medical facilities). Existing facilities that do have more than one service to a single premise are
required to provide adequate backflow prevention to ensure the safety of the public water supply.
F. When the utility discovers two properties, dwellings, etc. which are fed from one service and the city
is involved in reconstructing the street in front ofthese properties, the property owner which does not have its own
service shall be instructed to connect to a new service provided by the Water Utility. The Water Utility shall be
responsible for installing a new service from the main to the curb line; the property owner shall be responsible for
the service from the curb line to the meter. Iftwo property owners share a water service and the property served by
the service requests that the adjoining property be separated, the Water Utility shall provide a water service from the
main to the curb line for the adjoining property and order the adjoining property owner to connect to the new water
service. In both ofthe above two cases, the property owner must connect to this new water service within 12 months
of being notified by the utility.
G. Prior to razing any building, or portion thereof, the person to whom a razing permit has been issued
shall cause all water laterals to be disconnected and capped at the curb stop if the service is to be reused, and is of
copper, lead, cast or ductile iron, if however, the service is not scheduled for reuse, or is ofwrought iron, it shall be
disconnected at the main by the removal of the corporation stop. The utility will remove the existing corporation
and plug the main, but the owner is responsible for the excavation ofthe water main at the existing corporation and
the street repair. In addition, the existing curb box (stop box) must be removed by the owner.
H. Requests for the insertion of any corporation valve or tapping valve for a service connection to the
utility mains, shall be made at least 24 hours in advance. Tapping for the installation of corporations or valves will
not be undertaken when temperatures are 32 degrees Fahrenheit, 0 degrees Centigrade or below.
1. All water service pipes shall be located within extended property lines of the property served, or
on street right-of-way, or other public land, and so installed as not to interfere with other utility lines.
13.04.070 Meters.
A. All services connected to the water system shall be metered except for fire protection services
larger than 2" which may be unmetered.
B. In addition to the PSC Water Utility Operating Rules, all metered customers ofthe J anesville Water
Utility shall allow the installation of a remote reading device. The remote reading device will allow the utility to
obtain water meter reading on a regular basis without entering the customer's property.
C. Meters shall be the same size as the service lateral, however, the water meter may be downsized; in
accordance with applicable City and State plumbing codes; if desired by the owner, provided the minimum meter
size shall be three-quarter (3/4) inch. The property owner and the utility shall confer on the type and size for the
premised. The selection shall be based on the water use and be in accordance with City and State plumbing codes.
D. In addition to the PSC Water Utility Operating Rules, all meters must be placed in the basement
where a basement exists and shall be placed on the service pipe not to exceed two (2) feet from just inside the
building wall line nearest the street in which the connection is made to the utility main. When no basement exists
the meter shall be placed in such a location as to meet the following requirements for meters in basements, and the
meter location shall be as approved by the water utility.
E. A copper meter horn or similar meter setting device shall be provided to receive the meter on all
services up to and including one (1) inch services. Meters of 11!2-inch and larger shall be provided with a by-pass
of equal size to the meter. No connection or fitting other than those necessary for the connection ofthe meter and a
by-pass, when required, shall be inserted between the curb valve and the meter valve.
F. All meters shall have a stop valve on both the inlet and the outlet sides of the meter and all meter
installations requiring a by-pass shall also have a stop valve on the by-pass. It is the customer's responsibility to
maintain the valves in proper working order. Water must pass through a meter except as stated in 13.04.080.
Diverting water around the meter via by-pass constitutes a violation of this Chapter.
G. No permit will be given to change from metered to flat rate service.
H. The city plumbing inspector may at any time order the relocation of existing meter located in pits or
extremely difficult areas to access. Water meters shall not be installed below plumbing fixtures nor shall any water
meter be installed in a toilet room. Water meters shall not be installed below stairways, landings, showrooms, or
other platforms.
1. Water meter service to multi-residential building units shall be readily accessible to city personnel
during normal working hours. All meters shall be installed in the common portion of the basement or common
utility rooms not located in the individual living units. Where individual meters are desired per living units, the
meters shall be clustered or banked together in a common accessible location as noted above. For ease of wiring to
the outside, dedicated conduit(s) shall be provided sufficient in size to carry remote meter wiring to an outside
receptacle(s).
13.04.080 Fire Protection and Automatic Sprinkler Service.
A. If any owner of a building wishes to install a private fire protection and/or automatic sprinkler
system, plans must be submitted to the utility for approval prior to commencement of construction.
B. All fire protection and/or automatic sprinkler service lines shall be installed with a gate valve and
manhole, either at the connection main (tapping valve) or in the terrace between the curb and sidewalk. Also, an
approved check valve must be installed in the line immediately inside ofthe building and ahead of any sprinkling
nozzles, hose connection or hydrants.
C. The fire line and/or automatic sprinkler line may be used for domestic service providing the
connection is made to the fire line outside the building. A shut off valve shall be provided on the domestic service
outside the building a minimum of ten (10) feet from the exterior wall. The shut off valve shall be of the
manufacture adopted by the utility. No more then one domestic connection can be made, nor more than one building
served, from a single fire line connection to a public water main. In addition, a building cannot be served with a
domestic service from a fire line unless the fire line is connected to, and serves, the same building.
D. Consumers having unmetered fire protection and/or automatic sprinkler system can test their fire
apparatus upon notice to the utility that such a test is desired, and a time and date mutually satisfactory can be
arranged at which time said test may be undertaken. Authorized insurance representatives and inspectors shall
likewise be required to give proper notice to the utility.
E. Any fire protection or automatic sprinkler on a water service 2" or smaller shall be metered using
either the general service meter or a separate dedicated meter. Existing small systems shall be metered as directed
by the utility.
13.04.090 Use of Hydrants.
A. In cases where no other supply is available, permission may be granted by the manager to use a
hydrant. No hydrant shall be used until it is equipped with a sprinkling valve. A charge will be made for setting a
valve, or for moving it from on hydrant to another. In no case shall any valve be moved except by a member ofthe
water utility or authorized representative.
B. Before a valve is set, payment must be made for its setting and for the water to be used at the
scheduled rates. The applicant must make a deposit for the hydrant wheel and the reducer, if desired. When the
contractor has finished using the hydrant, he must notify the water utility to that effect.
C. In the use of fire hydrant supply, the hydrant valve will be set at proper opening by the water utility
when the sprinkling valve is set, and the flow of water must be regulated by means of the sprinkling valve. If the
water is to be used through iron pipe connections, all such pipe installation shall have the swing joint to facilitate
quick disconnection from the fire hydrant.
13.04.100 Interference with facilities prohibited.
A. No person, unless duly authorized, shall open or in any manner tamper with any fire hydrant, or
draw water from the same, or in any manner obstruct the free access to any fire hydrant, gate, stopcock box, or
other connection with the waterworks distribution system.
B. It shall be unlawful for any person to in any way obstruct access to any fire hydrant, valve, or
corporation box connected with the city water pipes by placing or planting any building materials, rubbish,
bushes, trees, or other hindrances thereon or therein.
13.04.110 Waterworks system -- Damaging forbidden. No person shall in any manner
injure, deface or impair the efficiency of the waterworks plant, reservoir, distribution system, or any part thereof,
or any property used in connection therewith.
13.04.120 Waterworks system -- Unauthorized connection or interference forbidden. No person,
unless duly authorized, shall tap any portion of the distribution system, or make any attachments or connections
therewith, or wrongfully interfere in any manner with the central plant, pumps, reservoir, distribution system, or
any other property used in connection with such utility.
13.04.130 Unauthorized water use forbidden. No person shall use or take water from the mains or
pipes, except as duly authorized.
13.04.140 Unauthorized sale of water forbidden. No person shall sell or give away water to be
taken from his premises or take away water from any public fountain or other public source without the
permission of the Director.
13.04.150 No Claims for Damages. The Utility does not guarantee a uniform pressure or
uninterrupted water supply. No person shall enter a claim for damages against the city as a water utility, or any
officer thereof, for damage to any pipe, fixture, or appurtenance by reason of interrupted water supply, or any
variation of pressure, or for turning on, either wholly or in partially of the water supply for the extension,
alteration or repair of any water main or premises supply, or for the discontinuance of the premise water supply
for the violation of any rules or regulation of the water department. No claims will be allowed against the city,
on account of the interruption of the water supply caused by the breaking of pipes or machinery, or by stopping
for repairs, on account of fire or other emergency, and no claims shall be allowed for any damage caused by the
breaking of any pipe or machinery.
13 .04.160 Inspection. A. During reasonable hours, any officer or authorized employee of the
utility shall have the right of access to the premises supplied with service for the purpose of inspection or for the
enforcement of the utility's rules and regulations. At least once every twelve months, the utility will make a
systematic inspection of all unmetered water taps for the purpose of checking waste and unnecessary use of
water.
B. No plumber shall cover or permit the covering of any water service line until the installation has
been inspected and approved by the Inspection Department or its duly authorized representative. When so
directed, the plumber shall hydrostatically test the system in the presence of the authorized inspector.
13.04.170 Cross connection control. A. Any person, firm or corporation who owns, leases or
occupies property which is connected to the city's public water supply shall protect the public water system from
contamination resulting from backflow of contaminants through the water service connection into the public water
system. Every person owning or occupying a premise receiving municipal water supply shall maintain such
municipal water supply free from any connection, either of a direct or of an indirect nature, with a water supply from
a foreign source or of any manner of connection with any fixture or appliance whereby water from a foreign supply
or the waste from any fixture, appliance, or waste or soil pipe may flow or be siphoned or pumped into the piping of
the municipal water system.
B. A cross connection is defined as any physical connection or arrangement between the otherwise
separate water systems, one of which contains potable water from the city water system, and the other, water
from a private source, water of unknown or questionable safety, or steam, gases or chemicals, whereby there is a
possibility that flow may occur from one system to the other, the direction of flow depending on the pressure
differential between the two systems.
C. No person, firm or corporation shall establish or permit to be established, or maintain or permit
to be maintained, any cross connection. No interconnection shall be established whereby potable water from a
private, auxiliary or emergency water supply other than the regular public water supply of the city may enter the
city's distribution system.
D. It shall be the duty of the Janesville water utility to cause inspections to be made of all properties
served by the public water system where a cross connection with the public water system is deemed possible, in
the determination of the utility director. The frequency of inspections and reinspections based on potential
health hazards involved shall be as established by the Janesville water utility.
E. Upon presentation of credentials, the representative of the J anesville water utility shall have the
right of entry at all reasonable hours to examine for cross connections any property served by a connection to the
public water system of the city. Refusing entry to such utility representative shall be sufficient cause for the
utility to discontinue the property's connection to the public water system under subsection E of this section.
Upon the city's request, the owner, the lessee and/or the occupant of any property so served shall furnish to the
utility any pertinent information regarding the piping system or systems on such property.
F. The Janesville water utility is authorized and directed to discontinue water service to any
property which has connection in violation of this section, and to take such other precautionary measures as are
deemed necessary by the utility director to eliminate any danger of contamination of the public water system.
1. When the utility director finds that a connection exists which is in violation of this section
or that other precautionary measures are necessary, the city shall serve or cause to be served upon the owner,
lessee or occupant of the property, a written notice, either personally or by certified or registered mail, return
receipt requested, which states the nature of the utility's complaint and the action proposed to be taken.
2. Within thirty days of the date of receipt of the notice, the property owner, lessee or
occupant shall respond personally or in writing to the city regarding the complaint. Thereafter, the parties shall
meet to evaluate the allegations of the complaint and where necessary, establish a plan for the satisfactory
correction of the problem.
3. Where the problem is not corrected by time compliance of the owner, lessee or occupant
of the property, the city may order the owner, lessee and/or occupant to show cause before the common council
or its duly authorized representative why disconnection of water service shall not be made.
4. Written notice shall be served upon the property owner, lessee or occupant by personal
service, certified or registered mail, return receipt requested, specifying the time and place of the hearing to be
held by the common councilor its designee regarding the problem and the reasons the service disconnection is
proposed to be made. The notice shall direct the property owner, lessee or occupant to show cause why the
proposed enforcement action should not be taken.
5. The notice of the hearing shall be served no less than ten days before the hearing. Service
may be made on any agent, officer or authorized representative of the property owner, lessee or occupant.
6. The proceedings at the hearing shall be considered by the common council or its designee
which shall then enter whatever order it determines is appropriate.
7. Appeal of such order may be taken by the property owner, lessee or occupant to circuit
court in Rock County, Wisconsin.
8. Following the entry of such order by the common councilor its designee, the attorney for
the city may commence an action for enforcement of the order and any other appropriate legal and equitable
relief.
G. The city adopts by reference the State Plumbing Code of Wisconsin and the Wisconsin
Administrative Code, as amended from time to time.
R. This section does not supersede the State Plumbing Code of Wisconsin, the Wisconsin
administrative Code or Section 15.02 of Title 15 of this code, but is supplementary to them.
13.04.180 Private well abandonment.
A. Any person, firm or corporation who owns, leases or occupies property which is connected to the
city's public water supply shall protect the public water supply from contamination by unused and/or improperly
constructed wells. These wells must be properly filled, sealed and abandoned in compliance with the following
provlslOns:
B. All private wells located on any property which is served by the public water system ofthe city shall
be properly filled within one year of written notification by the city unless an extension is granted by the utility
director. Only those wells for which well operation permits have been granted by the J anesville water utility may be
exempted from this requirement, subject the conditions of maintenance and operation as specified on the permit.
C. A permit may be granted to a well owner to operate a well for a period not to exceed five years ifthe
following requirements are met. Application must be made on forms provided by the Janesville water utility.
1. The well and pump installation shall meet the requirements ofthe Wisconsin Administrative
Code, Chapter NR 812 - Well Construction and Pump Installation, as from time to time amended or renumbered.
2. A well constructor's report shall be on file with the Wisconsin department of natural
resources, or a certification of the acceptability of the well must have been granted by the department of natural
resources.
3. The well must have a history of producing safe water and must be currently producing
bacteriologically safe water as evidenced by two sampling each taken two weeks apart.
4. In the determination of the utility director, the proposed use ofthe well must be necessary to
serve the property in addition to water provided by the public water system.
5. No physical connection may exist between the piping of the public water system and the
private well.
D. Wells to be abandoned shall be filled according to the procedures outlined in Chapter NR 812,
Wisconsin Administrative Code, as from time to time amended or renumbered. The pump and piping must be
removed and the well checked for obstructions prior to plugging. Any obstruction or liner must be removed.
E. A well abandonment report shall be submitted by the well owner to the Wisconsin department of
natural resources on forms provided by that agency. The report shall be submitted immediately upon completion of
the filling of the well. The filling must be observed by a representative of the city or the department of natural
resources. Forms for the well abandonment report shall be available at the Janesville water utility office.
Completed copies of these forms shall be provided to the Janesville water utility by the well owner.
F. Wells located on property not served by the city's public water system at the time of adoption ofthis
revised section (dated June 2001) shall fulfill the requirements of this section within the first year after being
connected to the city's public water system.
G. No new high capacity wells (as defined by the WDNR) may be constructed for any purpose within
the City on property serviced by the Public Water System. Other wells will only be allowed in special circumstances
and must be approved by the Director.
H. For properties with wells where the property owner is either unable or unwilling to properly abandon
or permit the well, penalties as outlined in 13.04.190 will be applied except in the case where the property owner
agrees to a lien against the property requiring the well's proper abandonment at the time the property is sold. The
form of this lien shall be established by the City. If during the course of this lien, it is discovered that the well
becomes contaminated or is at risk of collapse, the lien will be deemed ineffective and the penalties and remedies
contained in 13 .04.190 shall again become effective.
1. If a lien is deemed ineffective as established in the preceding paragraph and the property owner
remains unwilling or unable to properly abandon their well, the City shall enter that property and cause that well to
be abandoned with the cost of such action being a special assessment to that property.
13.04.190 Immediate discontinuance of service. A. The utility director may discontinue
water service to any property when in his opinion it appears that a cross connection or any other emergency
threatens or presents an imminent or substantial danger to the public health, safety or welfare, danger to the
environment, or interference with the operation of the utility. A written finding to that effect by the utility
director shall be filed with the city clerk and delivered to the property affected, whereupon the service may
immediately be discontinued.
B. The city shall reinstate the public water service upon receipt of sufficient proof from the property
owner, lessee or occupant, of the elimination of the condition creating the threat or presentation of imminent or
substantial danger or interference with the operation of the utility.
13.04.200 Violation - Penalties -- Remedies.
A. Any person, firm or corporation, or any officer of any corporation, who violates or causes to be
violated any of the provisions of this Chapter, except Sections 13.04.170, 13.04.180 and 13.04.190, shall forfeit
and pay to the city a penalty of not to exceed five hundred dollars ($500.00) for each offense, together with the
costs of prosecution, and in default of the payment of such forfeiture shall be subject to such sanctions and
penalties as provided by law and/or ordered by the court, and/or committed to the Rock County Jail for a term as
set forth by the court.
B. Any person, firm or corporation, or any officer of any corporation, who violates or causes to be
violated Section 13.04.170, 13.04.180 or 13.14.190 of this Chapter shall forfeit and pay to the city a penalty of
not less than five hundred dollars ($500.00) and not more than one thousand dollars ($1,000.00), together with
the costs of prosecution, and in default of the payment of such forfeiture shall be subject to such sanctions and
penalties as provided by law and/or ordered by the court, and/or committed to the Rock County Jail for a term as
set forth by the court.
C. It shall be the responsibility of the offender of any provision of this Chapter to abate the violation
immediately, and each day that such violation continues constitutes a separate offense.
D. The city may, in addition to the previously stated penalties, institute injunction, mandamus,
abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove the violation.
E. Any person, firm or corporation, or any officer of any corporation, who knowingly makes any
false statement, representation or certification in any application, record, report, plan or other document filed or
required to be maintained pursuant to this Chapter, or who falsifies, tampers with or knowingly renders
inaccurate any monitoring device or method required under this Chapter, shall upon conviction be punished by
the imposition of a forfeiture of not less than five hundred dollars ($500.00) and not more than one thousand
dollars ($1,000.00), together with the costs of prosecution, and in default of the payment of such forfeiture shall
be subject to such sanctions and penalties as provided by law and/or ordered by the court, and/or committed to
the Rock County Jail for a term as set forth by the court.
F. If, in any action, any permit was issued, it shall not constitute a defense; nor shall any error,
oversight or dereliction of duty on the part of any city agent or employee constitute a defense.
G. Any person, firm or corporation, or any officer of any corporation, who violates or causes to be
violated any of the provisions of this Chapter shall be liable to the city for any and all expenses, loss or damage
occasioned by such violation, including personnel costs and actual attorney's costs.
H. Failure to comply with the requirements ofthis section and Chapter 13.04 of the J anesville Municipal
Code will result in discontinuance of water service to the premises. See Wis. Admin. Code § NR 811.09."
SECTION II. Chapter 13.08 of the Code of General Ordinances of the City ofJanesville is hereby
amended to read as follows:
Sections:
13.08.010
13.08.020
13.08.030
13.08.040
13.08.050
13.08.060
13.08.070
13.08.080
13.08.090
13.08.100
13.08.110
13.08.120
13.08.130
13.08.140
13.08.150
13.08.160
13.08.010
"Chapter 13.08
SEWER SYSTEM
Sewer classifications generally.
Sanitary sewers.
Storm sewers.
Storm sewers--Maintenance and construction costs.
Sanitary sewers-City and State plumbing code compliance.
Sewer service laterals--Pipe size and type.
Sewer service laterals--Connections generally.
Sewer service laterals--Connections at manholes--Exception.
Connection approval and supervision.
Records.
Deposit of substance liable to obstruct forbidden.
Downspout connections prohibited.
Clear water prohibited.
Culvert, drain or sewer--Injuries and obstructions prohibited.
Industrial wastes disposal.
V io lation- Penalty-- Remedies.
13.08.010 Sewer classifications generally. The sewerage system of the city shall be divided
into two classes of sewers, namely sanitary sewers and storm sewers.
13.08.020 Sanitary sewers. Sanitary sewers are those which are designated and used for the
disposal of all waste products discharged from plumbing fixtures located in buildings and structures along the
line of such sewer. The term "plumbing fixtures", as used in this section, shall not include downspouts or any
other fixture discharging rainwater. The system of sanitary sewers shall, for the purpose of this title, be
considered as consisting of the following parts:
A. Sewer main, being the principal artery extending along the public street, alley or other public way
into which the laterals may feed;
B. Sewer service lateral, being that part of the sewer lying between the street line or curbline and the
sewer mam;
C. House sewer or drain, being that part of the sewer leading from the property to be served to the
sewer service lateral;
D. Building or house drain, being the lowest main horizontal piping of a drainage system which
receives the discharge of all soil, waste and other drainage pipes inside any building, and conveys the same to
the building sewer, three to five feet outside the foundation wall of such building. The minimum building drain
extends from the building sewer to the furthermost soil stack. Building or house subdrain is the horizontal
portion of a drainage system within a building which cannot flow by gravity to the building or house drain. All
building or house drains shall be of cast iron pipe, except vitrified clay pipe may be used when authorized by the
plumbing inspector.
13.08.030 Storm sewers. Storm sewers are those which are designed and used for the
disposal of rainwater, snow, ice, slush, and other materials coming from the surface of the streets and
surrounding area as the result of storms.
13.08.040 Storm sewers--Maintenance and construction costs. All storm sewers shall be
maintained by the city at general expense. Unless otherwise specifically provided by ordinance or resolution of
the council, all construction work on storm sewers may be done directly by the city without submitting the same
for bids.
13.08.050 Sanitary sewers-City and State plumbing codes compliance. All sanitary
sewers shall be constructed in compliance with the provisions and regulations of the City of Janesville and
Wisconsin Plumbing Codes.
13.08.060 Sewer service laterals--Pipe size and type. All sewer service laterals shall be
constructed in accordance with the City and State plumbing codes. Sewer service laterals, house sewers, and
house drains shall not be less than four inches in diameter unless authorized by the plumbing inspector.
13.08.070 Sewer service laterals--Connections generally. No four-inch service lateral
connection shall be made with any sewer main except at a "Y" or "T" branch.
13.08.080 Sewer service laterals--Connections at manholes-- Exception. Any service lateral
connection larger than four inches shall be made at a manhole on the main sewer, except when granted special
permission by the plumbing inspector and the Director.
13.08.090 Connection approval and supervision. Connections are to be approved by the
plumbing inspector. The laying of all sanitary sewers, sewer service laterals and house sewers, and the making
of connections between them, are subject to the supervision of the plumbing inspector.
13.08.100 Records. The city engineer, together with the plumbing inspector, shall keep a
complete record of the installation of all sewers, whether the same are sanitary sewers or storm sewers, and also
of all connections between sewer mains and service laterals, and of provisions made for such connections, and
generally of all matters pertaining to the sewerage system of the city.
13.08.110 Deposit of substance liable to obstruct sewers forbidden. No person having access to
any sewer or drain connected with any portion of the public sewerage system of the city shall deposit or suffer to
be deposited in such sewer or drain any garbage, unless treated or processed so as not to cause any obstruction,
grease, rags, paper, or other substance liable to obstruct such public sewer, or to create a nuisance.
13.08.120 Downspout connections prohibited. No person shall connect the downspouts of any
building with any sanitary sewer.
13.08.130 Clear water prohibited. No person shall connect discharge clear water and/or non-
contact cooling water to the sanitary sewer system.
13.08.140 Culvert, drain or sewer -- Injuries and obstructions prohibited. No person shall
destroy or damage any culvert, drain or sewer located in any street, public way or elsewhere, or obstruct the
drainage or flow of water, or other substance through any storm or sanitary sewer.
13.08.150 Industrial wastes disposaL No person shall cause or permit any industrial wastes of
any kind to be discharged so as to clog any storm or sanitary sewer main or lateral of any kind, or cause or
permit such wastes to be discharged in such quantity or content so as to clog the free flow in any such sewer, or
to interfere with proper treatment of such industrial wastes or other sewerage in the sewage disposal plant.
13.08.160 Violation - Penalties--Remedies.
A. Any person, firm or corporation, or any officer of any corporation, who violates or causes to be
violated any of the provisions of this Chapter shall forfeit and pay to the city a penalty of not less than five
hundred dollars ($500.00) and not to exceed one thousand dollars (1,000.00) for each offense, together with the
costs of prosecution, and in default of the payment of such forfeiture shall be subject to such sanctions and
penalties as provided by law and/or ordered by the court, and/or committed to the Rock County Jail for a term as
set forth by the court.
B. It shall be the responsibility of the offender of any provision of this Chapter to abate the violation
immediately, and each day that such violation continues constitutes a separate offense.
C. The city may, in addition to the previously stated penalties, institute injunction, mandamus,
abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove the violation.
D. Any person, firm or corporation, or any officer of any corporation, who knowingly makes any
false statement, representation or certification in any application, record, report, plan or other document filed or
required to be maintained pursuant to this Chapter, or who falsifies, tampers with or knowingly renders
inaccurate any monitoring device or method required under this Chapter, shall upon conviction be punished by
the imposition of a forfeiture of not less than five hundred dollars ($500.00) and not more than one thousand
dollars ($1,000.00), together with the costs of prosecution, and in default of the payment of such forfeiture shall
be subject to such sanctions and penalties as provided by law and/or ordered by the court, and/or committed to
the Rock County Jail for a term as set forth by the court.
E. If, in any action, any permit was issued, it shall not constitute a defense; nor shall any error,
oversight or dereliction of duty on the part of any city agent or employee constitute a defense.
F. Any person, firm or corporation, or any officer of any corporation, who violates or causes to be
violated any of the provisions of this Chapter shall be liable to the city for any and all expenses, loss or damage
occasioned by such violation, including personnel costs and actual attorney's costs.
G. Failure to comply with the requirements of this section and Chapter 13.08 of the Janesville
Municipal Code will result in discontinuance of wastewater service to the premises.
See Wis. Admin. Code § NR 811.09."
SECTION III. Chapter 13.12 of the Code of General Ordinances of the City ofJanesville is hereby
amended to read as follows:
3.12.010-13.12.050
"Chapter 13.12
SEPTIC TANKS AND SERVICE CONNECTIONS
Sections:
13.12.010
13.12.020
13.12.030
13.12.040
13.12.050
Use prohibited when.
Removal of existing facilities.
Construction conformance.
Sewer and water connection required when.
Violation--Penalty.
13.12.010 Use prohibited when. The use of privy vaults, cesspools, septic tanks and dry
wells used for sewage are each prohibited on all premises within the city where a public water supply and sewer
are available. Public water supply and sewer shall be deemed available where a public water and sewer exist
either in the street or alley on either side of said premises. Properly designed and maintained septic tanks may
be used if a sewer connection deferral is granted by the City CounciL If the septic tank fails during the deferral
period, connection to the sanitary sewer must be made immediately.
13.12.020 Removal of existing facilities. No privy vault, cesspool, septic tank or dry well
shall hereafter be erected where public water supply and sewer are available, and any such as now exist or are in
use on any such premises within the city where a public water supply and sewer are available shall be forthwith
entirely removed, and such vault filled in a sanitary manner.
13.12.030 Construction conformance. Whenever a privy vault, cesspool, septic tank or dry
well is constructed because of the fact that sewer and water, or either of them, is not available, such construction
must conform strictly to the City and State building and plumbing codes, and likewise all states and local health
regulations with respect to the same.
13.12.040 Sewer and water connection required when. All dwellings in the city shall be
connected with sewer and water where these utilities are available. This connection shall be made within one
year of the sewer and water becoming available. Except where otherwise required in this Title, each structure
shall have a separate sewer lateral and water service connection to the public sewer and water mains as required
in Chapter 15.02.090 and 15.02.100 of the City ordinance. Connections to the water and sewer systems shall be
made at the same time. This requirement to connect may be deferred for up to five years with the approval of
the City Council. When connection deferrals are granted, the connection deferral applies to both water and
sewer. A connection deferral will not be granted for only one utility. If only one utility is available, connection
to that main must be made within one year and connection to the other utility main within one year of when it
becomes available.
13.12.050 Violation - Penalties-- Remedies.
A. Any person, firm or corporation, or any officer of any corporation, who violates or causes to be
violated and of the provisions of this Chapter shall forfeit and pay to the city a penalty of not less than five
hundred dollars ($500.00) and not more than one thousand dollars ($1,000.00), together with the costs of
prosecution, and in default of the payment of such forfeiture shall be subject to such sanctions and penalties as
provided by law and/or ordered by the court, and/or committed to the Rock County Jail for a term as set forth by
the court.
B. It shall be the responsibility of the offender of any provision of this Chapter to abate the violation
immediately, and each day that such violation continues constitutes a separate offense.
C. The city may, in addition to the previously stated penalties, institute injunction, mandamus,
abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove the violation.
D. Any person, firm or corporation, or any officer of any corporation, who knowingly makes any
false statement, representation or certification in any application, record, report, plan or other document filed or
required to be maintained pursuant to this Chapter, or who falsifies, tampers with or knowingly renders
inaccurate any monitoring device or method required under this Chapter, shall upon conviction be punished by
the imposition of a forfeiture of not less than five hundred dollars ($500.00) and not more than one thousand
dollars ($1,000.00), together with the costs of prosecution, and in default of the payment of such forfeiture shall
be subject to such sanctions and penalties as provided by law and/or ordered by the court and/or committed to
the Rock County Jail for a term as set forth by the court.
E. If, in any action, any permit was issued, it shall not constitute a defense; nor shall any error,
oversight or dereliction of duty on the part of any city agent or employee constitute a defense.
F. Any person, firm or corporation, or any officer of any corporation, who violates or causes to be
violated any of the provisions of this Chapter shall be liable to the city for any and all expenses, loss or damage
occasioned by such violation, including personnel costs and actual attorney's costs.
G. Failure to comply with the requirements of this section and Chapter 13.12 of the Janesville
Municipal Code will result in discontinuance of wastewater and water service to the premises.
See Wis. Admin. Code § NR 811.09."
SECTION IV. Chapter 13.16 of the Code of General Ordinances of the City ofJanesville is hereby
amended to read as follows:
Sections:
13.16.010
13.16.020
13.16.030
13.16.040
13.16.050
13.16.060
13.16.070
13.16.080
13.16.090
13.16.100
13.16.110
13.16.120
13.16.130
13.16.140
13.16.150
13.16.155
13.16.160
13.16.170
13 .16.180
13.16.190
13.16.200
13.16.210
13 .16.220
13.16.230
13.16.240
13.16.250
13.16.260
13.16.270
13.16.280
13.16.290
13.16.300
13.16.310
13.16.320
13.16.330
13.16.340
13.16.350
"Chapter 13.16
WASTEWATER FACILITIES AND SEWER USE ORDINANCE
Adoption by reference.
Purpose--Scope-- Policy.
Definitions.
Wastewater utility--Authority.
General discharge prohibitions.
Prohibited wastes--Refusal or pretreatment.
Pretreatment-- When required.
Pretreatment--Facilities--Submission of plans.
Further limitations on wastewater strength.
Right of revision.
Dilution.
Accidental discharge.
Bypassing.
Wastewater users.
Wastewater discharge data disclosure.
Pollutant Minimization Assessment.
Standards modification.
Reporting requirements for user-- Compliance date report.
Reporting requirements for user-- Periodic compliance reports.
Signatory Requirements.
Monitoring facilities.
Inspection and sampling.
Analysis regulations.
Confidential information.
Emergency suspension of service.
Revocation of treatment service.
Notification ofviolation--Administrative adjustment.
Judicial proceedings.
Enforcement actions--Annual publication.
Operating upsets.
Records retention.
Severability.
Conflict.
Recovery of costs incurred.
Right of appeal.
V io lation-- Penalties.
13.16.010 Adoption by reference. This Chapter, a copy of which has been on file and open to public
inspection in the office of the Janesville City clerk for a period of not less than two weeks prior to this adoption
and which shall be permanently on file and open to public inspection in such office, is adopted by reference.
13.16.020 Purpose--Scope--Policy.
A. The City has provided facilities for collection and treatment of sewage to promote the health,
safety and convenience of its people, and to safeguard the water resources common to all. In such facilities,
provisions of design, construction and operation have been made to accommodate certain types and quantities of
commercial and industrial wastes in excess of, and in addition to, normal sewage.
B. The common council has determined that it is the obligation of the producers of domestic,
commercial and industrial wastes to defray the cost of normal and extraordinary services rendered by the City in
the collection and treatment of such wastes in an equitable manner and,
insofar as it is practicable, in proportion to the benefits derived from such services.
C. It has also been determined that proper protection and operation of the collection and treatment
facilities may require either the exclusion, pretreatment or controlled discharge, at point of origin, of certain
types of quantities of domestic, commercial and industrial wastes.
D. This Chapter sets forth uniform requirements for discharges into the City wastewater collection
and treatment systems, and enables the City to protect public health in conformity with all applicable local, State
and federal laws relating thereto.
E. Service Area. The Wastewater Utility shall provide service within the corporate limits of the
City. Service to properties or areas outside the City limits can not be provided unless the property owners enter
into an agreement with the City and a boundary agreement has been adopted between the City and the political
jurisdiction in which the property is located. This agreement will, among other things, require the property, or
the property owner's heirs or successors, to annex into the City when the City's corporate limits reach any side
of the property. If the property fails to annex to the City, for any reason, service will be terminated until such
time that annexation does occur.
F. The objectives of this Chapter are:
1. To prevent the introduction of pollutants into the City wastewater system which will
interfere with the normal operation of the system or contaminate the resulting municipal sludge;
2. To prevent the introduction of pollutants into the City wastewater system which do not
receive adequate treatment in the Janesville wastewater utility, and which will pass through the system into
receiving waters or the atmosphere or otherwise be incompatible with the system;
3. To protect both POTW personnel who may be affected by wastewater and sludge in the
course of their employment and the general public.
4. To improve the opportunity to recycle and reclaim wastewater and sludge from the
system;
5. To provide for the recovery of all the costs of constructing, maintaining and operating the
City wastewater system; and
6. To provide for the establishment and maintenance of an equipment replacement fund.
G. This Chapter provides for the regulation of discharges into the City wastewater system through
the enforcement of administrative regulations.
13.16.030 Definitions. As used throughout Title 13 and all Chapters therein:
A. "Act". The Clean Water Act (33 U.S.C. 1251 et seq.), as amended.
B. "Biochemical oxygen demand". (abbreviated as BOD). The quantity of oxygen, expressed in
terms of weight and concentration in milligrams per liter, utilized in the biochemical oxidation of organic matter
under standard laboratory conditions for five days at a temperature of twenty degrees centigrade. The laboratory
determination shall be made in accordance with procedures set forth in 40 CFR Part 136, or such other methods
as the EP A Administrator may approve.
C. "Bulk wastes". Holding tank wastes, privy or vault toilet wastes, septage or other liquid
wastes from agricultural, residential, commercial, or industrial sources.
D. "Bypass". The intentional diversion of waste streams from any portion of user's facility.
E. "City". City of Janesville.
F. "Clear water". All water which has not been polluted or contaminated by use, or water
that would not cause violation of receiving water quality standards and would not benefit by discharge to the
sanitary sewers and wastewater treatment facilities of the utility. Clear water includes non-contact cooling
water, water used for irrigation, and any other non-polluted water. Clear water may come from the public water
supply or from any other source.
G. "Common Council". The governing body of officials elected by the City of J anesville to
oversee the management of the city utilities.
H. "Director". The City Manager, the director of public works or services, the utility director
and/or other duly authorized deputy, agent or representative as designated by the City Manager.
1. "Industrial User". Any nonresidential user who discharges an effluent into the utility by
means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water
intercepting ditches, intercepting ditches, and all constructed devices and appliances appurtenant thereto.
J. "DNR". Department of Natural Resources.
K. "EP A". Environmental Protection Agency.
L. "FOG". Fats, oils and grease.
M. "Garbage". The residue from the preparation and dispensing of food, and from the handling,
storage and sale of food produce.
N. "Grease Interceptor". A receptacle, either interior or exterior, designed to intercept and
retain or remove grease or fatty substances. Also called "grease trap"
O. "Ground garbage". The residue from the preparation, cooking and dispensing of food
that has been shredded to such degree that all particles will be carried freely in suspension under the flow
conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
P. "Holding tank wastes". Scum, liquid, sludge or other wastes from a tank designed to
provide temporary storage of wastewater and which is not connected to an absorption field or other wastewater
disposal system.
Q. "Indirect discharge". The discharge or the introduction of non-domestic pollutants into the
utility from a source regulated under Section 307(b), (c), or (d) of the Act, as from time to time amended and/or
renumbered.
R. "Industrial waste". Any solid, liquid or gaseous waste resulting from any industrial,
manufacturing, trade or business process, or from the development, recovery or processing of natural resources.
S. "Industrial Waste Specialist". Appointed person responsible for overseeing the Industrial
Pretreatment Program.
T. "Interference". A discharge which, alone or in conjunction with a discharge or discharges
from other sources, directly and/or indirectly, both:
1. Inhibits or disrupts the POTW, its treatment processes, use or disposal; and
2. Causes a violation of any requirement of the POTW's WPDES permit (including an
increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in
compliance with Chapters 144 and 147 Wis. Stats, Section 405 of the Clean Water Act, the Clean Air Act, the
Toxic Substances Control Act, and the Solid Waste Disposal Act (including RCRA).
U. "Lateral". All pipes and devices connecting a sewer main to a customer and/or serviced
property. Laterals are owned by and the sole responsibility of the customer and/or serviced property owner to
maintain. In certain instances, at the discretion of the Director, the Utility will pay street restoration costs when
a residential customer must perform lateral maintenance under a publicly-owned street surface.
V. "mg/L". Milligrams per liter.
W. "National categorical pretreatment standards". National pretreatment standards specifying
quantities or concentration of pollutants or pollutant properties which may be discharged or introduced into a
publicly owned treatment works by specific industrial users.
X. "New Source". Any building, structure, facility or installation from which there is or may
be a discharge of pollutants, the construction of which commenced after the publication of proposed
pretreatment standards which will be applicable to such source if such standards are thereafter promulgated in
accordance with that section, provided that:
1. The building, structure, facility or installation is constructed at a site at which no other
source is located: or
2. The building, structure, facility or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing source: or
3. The production or wastewater generating processes of the building, structure, facility or
installation are substantially independent of an existing source at the same site. Factors such as the extent to
which the new facility is engaged in the same general type of
activity as the existing source should be considered in determining independence.
Y. "Normal concentration".
1. A five-day, twenty-degree-centigrade BOD of not more than two hundred
fifty mg/L;
2. A suspended solids content of not more than three hundred mg/L.
3. A phosphorus concentration of not more than eight mg/L.
Z. "Normal sewage". Sanitary sewage or other wastes in which BOD, suspended solids, or
phosphorus concentrations do not exceed normal concentrations.
AA. "NPDES". A national pollutant discharge elimination system permit program as administered
by the EP A or the State.
BB. "Operation and maintenance". All costs to the utility for the provision of administrative
services, labor, utilities, supplies, equipment maintenance, and other normal and necessary costs for the
provision of sewage service. Operation and maintenance includes replacement.
CC. "Other wastes". Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage,
offal, oil, tar, chemicals and all other substances except sewage and industrial wastes.
DD. "Pass Through". A discharge which exits the POTW into waters of the State in quantities or
concentrations which, along or in conjunction with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the POTW's WPDES permit (including an increase in the magnitude or duration
of a violation).
EE. "Person". Any individual, partnership, and cooperative, including any firm, company,
municipal or private corporation, association, society, institution, enterprise, governmental agency or other
entity.
FF. "pH".
expressed in moles per liter.
GG. "POTW".
"wastewater system".
HH. "Pretreatment". The reduction of the amount of pollutants, the elimination of pollutants, or
the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of
discharging or otherwise introducing such pollutants into the sewerage system.
11. "Privy or vault toilet wastes". Wastes from a cavity in the ground or vault constructed for toilet
uses which receives human excrement either to be partially absorbed by the surrounding soil or for storage and
periodic removal.
JJ. "PSC". Public Service Commission of Wisconsin.
KK. "Public sewer". A sewer provided by or subject to the jurisdiction of the City. It also
includes sewers within or outside the City boundaries that serve one or more persons and ultimately discharge
into the City sewerage system, even though those sewers may not have been constructed with City funds.
LL. "Replacement". Expenditures for obtaining and installing equipment, accessories, or
appurtenances which are necessary to maintain the capacity and performance of the sewerage system during the
service life of the sewerage system for which such system was designed and constructed.
The logarithm (base 10) of the reciprocal of the hydrogen ion concentration
It shall be determined by one of the procedures specified in 40 CFR Part 136.
Publicly owned treatment works. See "sewerage system", "sewer system" and
MM. "Sanitary sewage". The waste from water closets, urinals, lavatories, sinks, bathtubs, showers,
household laundries, cellar floor drains, garage floor drains, and other sewage from primarily domestic sources.
NN. "Sanitary sewer". A sewer that carries liquid and water-carried wastes from residences,
commercial buildings, industrial plants, or institutions, and into which stormwater and clear water are not
admitted.
00. "Septage". Scum, liquid, sludge, or other wastes from a septic tank, soil absorption field, or
seepage pit. This term does not includes the waste from a grease trap.
PP. "Septic tank". A settling tank in which settled sludge is in immediate contact with the
wastewater flowing through the tank and where a portion of the organic solids present is decomposed by
anaerobic bacterial action.
QQ. "Severe property damage". Substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which
can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean
economic loss caused by delays in production.
RR. "Sewage" and "wastewater". Water-carried human wastes or a combination of
water-carried wastes from residence, business buildings, institutions and industrial establishments. Terms are
interchangeable.
SS. "Sewerage system", "sewer system", and "wastewater system". All facilities for collecting,
pumping, treating and disposing of sewage. Terms are interchangeable.
TT. "Sewer". Any pipe, conduit, ditch or other device used to collect and transport sewage,
stormwater, groundwater or other waters from the generating source.
DU. "Significant Industrial User". A significant industrial user is any user, connected to the City
sewer system, which meets the following criteria:
1. All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and
40 CFR Chapter I, SubChapter N; and
2. Any industrial user that discharges an average of25,000 gallons per day or more of
process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blowdown
wastewater); contributes a process waste stream which makes up five (5) percent or more of the
average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated
as such in accordance with 40 CFR 403.12(a) by the Director on the basis that the industrial user
has a reasonable potential for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement.
VV. "Slug load". Any substance including oxygen demanding pollutants, released in a discharge at
a rate and/or concentration which causes interference to the utility.
WW. "State". State of Wisconsin.
XX. "Stormwater". All forms of natural precipitation.
YY. "Suspended solids" (abbreviated as SS). Solids that either float on the surface of or are in
suspension in water, sewage, or industrial waste, and which are removable by a laboratory filtration device.
Quantitative determination of suspended solids shall be made in accordance with procedures set forth in 40 CFR
Part 136 or as EP A otherwise determines.
ZZ. "Toxic pollutant". Any pollutant or combination of pollutants listed as toxic in regulations
promulgated by the Administrator of the EP A under the provisions of CW A Section 307(a) or other Acts (listing
found in 40 CFR 401.15); or any other material discharged at a concentration which will cause interference or
inhibition to the treatment or collection process or interfere with normal application or disposal of plant sludges.
AAA. "Upset". An exceptional incident in which a user unintentionally and temporarily is
in a state of noncompliance with the standards set forth in this Chapter due to factors beyond the reasonable
control of the user, and excluding noncompliance to the extent caused by operational error, improperly designed
treatment maintenance, or careless or improper operation thereof.
BBB. "Utility". The Janesville Wastewater Utility or Janesville Water Utility.
CCC. "Wastewater" - see definition for "Sewage".
DDD. "Water main" and "Public water main". The principal pipes in a system of pipes for
conveying potable water. Public water mains are provided by or subject to the jurisdiction of the City. It also
includes water mains within or outside the City boundaries that serve one or more persons, even though those
mains may not have been constructed with City funds. All individual water services must be connected to a
public water main. Private water mains cannot be constructed or connected to the water distribution system.
EEE. "Water service". The pipe running between the public water main and the water meter. The
portion between the main and the curb stop is owned by the Water Utility and is the Utility's responsibility to
maintain. The portion between the curb stop and the meter is the customer's property and the customer's
maintenance responsibility.
FFF. "WPDES". Wisconsin Pollution Discharge Elimination System permit program as
administered by the DNR of the State.
13 .16.040 Wastewater Utility--Authority.
A. The wastewater treatment facility of the City shall constitute a sewerage system within the
meaning of Chapter 66 of the Wisconsin Statutes, as from time to time amended and/or renumbered.
B. The entire charge and management of the wastewater utility is vested in the City Manager,
subject, however, to the general control and supervision of the common council, pursuant to applicable State
law.
C. The City Manager, acting as the utility commission, shall have and hereby is empowered with the
authority to make rules for the operation of the wastewater utility, including all rules, regulations and charges
necessary for its operation, all with the approval by the common council by ordinance.
D. In addition, the City Manager shall have the power to conduct surveys, purchase options on real
estate, purchase and pay for meters, order and direct installation, employ personnel to service such meters, apply
for State and federal funds which may be available for assistance to the wastewater utility, make
recommendations to the common council and use for such purposes the funds set aside in this Chapter in the
fund designated, "water pollution control utility fund."
E. All acquisitions ofreal property shall be in the name of the City, and all such acquisitions in the
construction of buildings and structures shall not be made without the approval of the common council. All
charges for use of the wastewater treatment facilities shall be put into effect only on council approvaL
F. All of the income and revenues for sewer service charges and surcharges for use of wastewater
facilities shall be set aside in the water pollution control utility fund.
G. Nothing contained in this section shall in any way prevent the common council from issuing
revenue bonds or certificates or from obtaining funds by other lawful methods and, in connection therewith,
pledging the income from the wastewater utility for the payment of the principal and interest of such bonds,
certificates or other indebtedness or for setting aside of income from the source for the reasonable and proper
operation of the wastewater utility and maintenance thereof, or the establishment of a proper and adequate
depreciation fund, or for the payment of principal and interest or for the redemption of the revenue bonds,
certificates or other instruments, or for the purchase and installation of necessary equipment, additional land, or
other additional wastewater utility facilities.
13.16.050 General discharge prohibitions. The discharge, directly or indirectly, into any public
sewer or otherwise to the facilities of the utility from any lot, parcel ofland, building or premises, or from any
user, of any of the following materials is expressly prohibited:
A. Water or waste containing fat, oil or grease of such character or quantity that unusual attention or
expense is incurred by the utility.
B. Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient
either alone or by interaction to cause fire or explosion or be injurious in any other way to the operation of the
utility. Pollutants which create a fire or explosion hazard include, but are not limited to, waste streams with a
closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods
specified in 40 CFR 261.21.
C. Solid or viscous substances in amounts which will or may cause obstruction to the flow in a
sewer or other interference with the operation of the wastewater system.
D. Any wastewater having a pH less than 5.0 or higher than 10.0 or having any other corrosive
property capable of causing damage or hazard to structures, equipment, or personnel of the system.
E. Any wastewater containing toxic pollutants or poisonous or hazardous substances in sufficient
quantity, either singly or by interaction, to injure or interfere with any wastewater treatment process, to
constitute a hazard to humans or animals, or to exceed any limitation set forth in this Chapter.
F. Any noxious or malodorous liquids, gases, or solids which either singly or by interaction are
capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their
maintenance and repair.
G. Any substance which may cause the utility's effluent or treatment residues, sludges, or scums, to
be unsuitable for reclamation and re-use or to interfere with the reclamation process. In no case shall a
substance discharged to the utility cause the utility to be in noncompliance with: sludge use or disposal criteria,
guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines, or regulations
affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, or the
Toxic Substances Control Act--all as from time to time amended; or State standards applicable to the sludge
management method being used.
H. Any substance which will cause the utility to violate its WPDES and/or other disposal system
permits.
1. Any substance with objectionable color not removed in the treatment process, such as, but not
limited to, dye wastes and vegetable tanning solutions.
J. Any wastewater having a temperature which will inhibit biological activity in the utility
treatment plant resulting in interference; but in no case, wastewater with a temperature at the introduction into
the treatment plant which exceeds 40°C (104°F).
K. Any slug load, which will cause interference to the utility.
L. Any clear water including, but not limited to non-contact cooling water and stormwater.
M. Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration
as exceed limits established by the City in compliance with applicable State or federal regulations.
N. Any wastewater which causes a hazard to human life or creates a public nuisance.
O. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that
will cause interference or pass through.
P. Pollutants which result in the presence oftoxic gases, vapors or fumes within the POTW in a
quantity that may cause acute worker health and safety problems.
Q. Any trucked or hauled pollutants, except at discharge points designated by the POTW.
R. Medical wastes, except as specifically authorized by the Director.
S. Hazardous wastes defined in 40 CFR part 261.
T. Detergents, surface-active agents, or other substances which may cause excessive foaming in the
POTW.
U. Any wastewater which would cause unusual collection or treatment costs to the Utility or use a
disproportionate share of the treatment facilities.
13.16.060 Prohibited wastes--Refusal or pretreatment. Any and all of the forbidden
discharges in this Chapter shall be refused for disposal by the Director or pretreated, except as subsequently
provided for, in a manner satisfactory to the Director, prior to discharging into the public sewers, and such
pretreated wastes shall conform to the following minimum standards:
A. Radioactive wastes shall not exceed one thousand micro micro curies in the known absence of
strontium 90 and alpha emitters.
B. The temperature shall not exceed one hundred and forty nine degrees Fahrenheit.
C. The pH shall be between 5.0 and 10.0.
D. Fats, oils and grease limits
1. Wastewater containing more that 300 mg/L of oil or grease of animal or vegetable origin.
2. Wastewater containing more than 100 mg/L of oil and grease of mineral or petroleum oil
ongm.
E. Wastewater containing polychlorinated biphenyls
F. 1. The following chemical substances shall not exceed the concentrations listed below
unless a mass based limit is established for that chemical substance and the mass based
limit has been granted by the City to an individual industrial user following the procedure
established in Ch 13.16.155, as from time to time amended or renumbered. In that case
only, exceeding the maximum day limit will not be a violation of this ordinance by the
user unless the mass based limit is also exceeded. Following generally accepted practices
and procedures, the Director may develop mass based limits from the Maximum Day
Limits listed below (Presently only phosphorus has a mass based limit which is 20
pounds per day.) See below F. 2 - 7.:
Pollutant
Maximum Day Limit (mg/L)
Cadmium (Total)
Chromium (Total)
Copper (Total)
Cyanide (Total)
Lead (Total)
Nickel (Total)
Zinc (Total)
Arsenic (Total)
Silver (Total)
Mercury
Total Toxic Organics (TTO)
Phosphorus
0.30
3.00
2.60
0.50
0.30
0.90
3.65
1.00
3.90
(see F. 2 of this section)
2.13
18.0 (see F. 3 & F. 4 of this section)
Pollutant
Maximum Day
Limit (mg/L)
Monthly
Average Limit (mg/L)
Benzene
Carbon Tetrachloride
Chlorobenzene
1,2,4- Trichlorobenzene
Hexachlorobenzene
1,2-Dichloroethane
Hexachloroethane
1,1- Dichloroethane
1,1,2- Trichloroethane
Chloroethane
Chloroform
1,2- Dichlorobenzene
1,3- Dichlorobenzene
1,4- Dichlorobenzene
1,1- Dichloroethylene
1 ,2-trans- Dichloroethylene
0.134
0.380
0.380
0.794
0.794
0.574
0.794
0.059
0.127
0.295
0.325
0.794
0.380
0.380
0.060
0.066
0.057
0.142
0.142
0.196
0.196
0.180
0.196
0.022
0.032
0.110
0.111
0.196
0.142
0.142
0.022
0.025
Pollutant
Maximum Day
Limit (mg/L)
Monthly
Average Limit (mg/L)
1,2- Dichloropropane
1,3-Dichloropropylene
Ethylbenzene
Methylene Chloride
Methyl Chloride
Hexachlorobutadiene
Nitrobenzene
2- Nitrophenol
4- Nitrophenol
4,6- Dinitro-o-cresol
Tetrachloroethylene
Toluene
Trichloroethylene
Vinyl Chloride
0.794
0.794
0.380
0.170
0.295
0.380
6.402
0.231
0.576
0.277
0.164
0.074
0.069
0.172
0.196
0.196
0.142
0.036
0.110
0.142
2.237
0.065
0.162
0.078
0.052
0.028
0.026
0.097
2. No detectable discharge will be allowed.
3. Exclusive of the maximum day limit for phosphorus, any discharge above the normal
concentration (8 mg/L) which causes or significantly contributes to a violation of the
WPDES permit or other limitations will constitute a violation of this Chapter. The
Utility may levy charges upon any discharger for additional costs incurred by the Utility
to treat phosphorus above normal concentrations. If such charges are not timely paid they
shall become a special charge against the property and collected as any other real
property tax.
4. Industrial users may apply for the mass based limit (for phosphorus-20 pounds per day)
in lieu the established concentration limit (for phosphorus-18 mg/L). Applicants for a
mass based limit shall comply with all terms of the pollutant minimization assessment
described in Ch 13.16.155, as from time to time amended or renumbered. Applicants
who are given a mass based limit shall be considered in compliance with the regulated
pollutant limit if their discharge contains less of the regulated pollutant than established
mass based limit.
5. Significant industrial users which do not apply for the mass based limit remain subject to
the concentration based limit.
6. The Utility may impose mass limitations for any regulated pollutant from any significant
industrial user where the imposition of a mass limitation is deemed appropriate by the
Director. This may be done without regard to the 90 day industrial user application
requirements discussed in paragraphs A or B of section 13.16.155.
7. Significant industrial users with a seasonal, intermittent discharge may request in writing
to the Director, permission for a nutrient variance of either a Maximum Daily Limit or its
derived mass based limit. The Director may request additional information to help
determine the impact that this variance would have on the operation of the wastewater
treatment plant. To help evaluate this request, the Director may require that an
independent study be conducted by a professional engineer licensed in the state of
Wisconsin and knowledgeable in the operation and design of wastewater treatment
plants. The engineer shall be selected and retained by the Utility, but the cost associated
with this study shall be borne by the industrial user. The Director will evaluate the
request and the engineering study and within thirty (30) days after acceptance of the
request and completion of the engineering study notify the industrial user of whether the
request is accepted or rejected. The continued proper operation of the wastewater
treatment plant will be the controlling factor in making the decision to accept or reject
this request.
G. Any pretreated wastes shall not contain other substances which are or may become injurious or
detrimental to the sewerage system.
13.16.070 Pretreatment-- When required. A. When pretreatment is required by this
Chapter, or when in the opinion of the Director, constituents that are harmful to the sewerage system, processes
or operation of the pollution treatment facilities are present in the wastes discharged into the sewer system, the
person shall provide, at his expense, such preliminary treatment or processing facilities as may be necessary to
render his wastes acceptable for admission to the public sewers.
B. Sand and Grease Interceptors. Unless exempt by the Director, grease, oil, and sand interceptors
shall be provided for the proper handling of wastewater containing excessive amount of grease and oil, or sand;
except that such interceptors shall not be required for residential users. All interception units shall be of type
and capacity approved by the Director and shall be so located to be easily accessible for cleaning and inspection.
All traps shall be constructed and maintained by the user and at the user's expense in accordance with the City
and State plumbing codes.
1. General. Unless exempt by the Director, all plumbing installations for occupancies,
other than dwelling units, where grease, fats, oils or similar waste products of cooking or food are introduced
into the drain system shall be provided with interceptors in accordance with this subsection. All drains and
drain piping carrying oil, grease, or fats shall be directed through one or more interceptors as specified in B. 2 -
4 of this section.
2. New Plumbing Systems. Notwithstanding the City and State plumbing codes, all new
plumbing systems which discharge to public sewers shall be provided with one or more exterior grease
interceptors.
3. Altered or Remodeled Plumbing Systems. Notwithstanding the City and State plumbing
codes, all existing plumbing systems that discharge to public sewers which are altered or remodeled as to that
part of the plumbing system which discharges from kitchens or food processing areas shall be provided with one
or more exterior grease interceptors.
4. Existing Installations. The Director or Plumbing Inspector may require the installation of
exterior or interior grease interceptors for existing plumbing installations where the waterway of a drain system
or sewer system is reduced or filled due to congealed grease, or where congealed grease otherwise impairs the
proper functioning of the sewer system.
5. Exterior Grease Interceptors. Exterior grease interceptors shall received the entire waste
discharge from kitchens or food processing areas. All exterior interceptors shall be designed, constructed, and
installed in accordance with the standards contained in the City and State plumbing codes.
6. Maintenance and Records Retention. The User shall maintain a written record of
inspection and maintenance for seven years. All such records will be made available for on-site inspection by
representatives of the Utility during all operating hours.
13.16.080 PretreatmentuFacilities--Submission of plans. Plans, specifications and other
pertinent information relating to proposed preliminary treatment or processing facilities shall be submitted for
review and approval to the City building inspector and the Director prior to the start of their construction.
13.16.090 Further limitations on wastewater strength. A. National Categorical
pretreatment standards. National Categorical pretreatment standards as promulgated, from time to time, by the
EP A pursuant to the Act shall be met by all users of the regulated industrial categories. An application for
modification of the National Categorical pretreatment standards may be considered for submittal to the EP A
Region V Administrator by the City, when the City's wastewater treatment system achieves consistent removal
of the pollutants as defined by 40 CFR section 403.7., as from time to time amended and/or renumbered.
B. Concentration and mass limits.
1. Pollutant discharge limits in categorical pretreatment standards will be expressed either as
concentration or mass limits. Wherever possible, where concentration limits are specified in standards,
equivalent mass limits will be provided. Limits in categorical pretreatment standards shall apply to the effluent
of the process regulated by the Standard, or as otherwise specified by the standard.
2. When the limits in a categorical pretreatment standard are expressed only in terms of
mass pollutant per unit of production, the Director may convert the limits to equivalent limitations expressed
either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent
limitations applicable to individual industrial users.
3. Equivalent mass-per-day limitations shall be calculated by the Director by multiplying the
limits in the standard by the industrial user's average rate of production. This average rate of production shall be
based upon a reasonable measure of the industrial user's actual long-term daily production, such as the average
daily production during a representative year not upon the designed production capacity. For new sources,
actual production shall be estimated using projected production.
4. Equivalent concentration limitations shall be calculated by the Director by dividing the
mass limitations derived under (B)(3) of this section by the average daily flow rate of the industrial user's
regulated process wastewater. This average daily flow rate shall be based upon a reasonable measure of the
industrial user's actual long-term average flow rate, such as the average daily flow rate during the representative
year.
5. Equivalent limitations calculated in accordance with paragraphs (B)(3) and (B)(4) of this
section shall be deemed pretreatment standards. Industrial users will be required to comply with the equivalent
limitations in lieu of the promulgated categorical standards from which the equivalent limitations were derived.
6. Many categorical pretreatment standards specify one limit for calculating maximum daily
discharge limitations and a second limit for calculating maximum monthly average, or 4-day average
limitations. Where such Standards are being applied, the same production of flow figure shall be used in
calculating both types of equivalent limitations.
7. Any industrial user operating under a notification package incorporating equivalent mass
or concentration limits shall notify the Director within two (2) business days after the User has a reasonable
basis to know that the production level will significantly change within the next calendar month. Any user not
notifying the Director of such anticipated change will be required to meet the mass or concentration limits in its
control mechanism that were based on the original estimate of the long term average production rate.
C. Categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the
industrial user's intake water in accordance with this section.
1. Application. Any industrial user wishing to obtain credit for intake pollutants must make
application to the Director. Upon request of the industrial user, the applicable standard will be calculated on a
"net" basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of paragraphs (2)
and (3) of this section are met.
2. Criteria. a. The industrial user must demonstrate that the control system it
proposes or uses to meet applicable categorical pretreatment standards would, if properly installed and operated,
meet the Standards in the absence of pollutants in the intake waters.
b. Credit for generic pollutants such as biochemical oxygen demand (BOD), total
suspended solids (TSS), and oil and grease will not be granted unless the industrial user demonstrates that the
constituents of the generic measure in the user's effluent are substantially similar to the constituents of the
generic measure in the intake water or unless appropriate additional limits are placed on process water
pollutants either at the outfall or elsewhere.
c. Credit shall be granted only to the extent necessary to meet the applicable
categorical pretreatment standard(s), up to a maximum value equal to the influent value. Additional monitoring
may be necessary to determine eligibility for credits and compliance with Standard(s) adjusted under this
section.
d. Credit shall be granted only if the user demonstrates that the intake water is drawn
from the same body of water as that into which the POTW discharges. The Director may waive this
requirement if it is found that no environmental degradation will result.
3. The applicable categorical pretreatment standards contained in 40 CFR, Chapter I,
SubChapter N specifically provide that they shall be applied on a net basis.
D. Combined waste streams formula. Where process effluent is mixed prior to treatment with
wastewaters other than those generated by the regulated process, fixed alternative discharge limits may be
derived by the Director, or by the industrial user with the written concurrence of the Director. These alternative
limits shall be applied to the mixed effluent. When deriving alternative categorical limits, the Director or
Industrial User shall calculate both an alternative daily maximum value using the daily maximum value(s)
specified in the appropriate categorical Pretreatment Standard(s) and an alternative consecutive sampling day
average value using the monthly average value(s) specified in the appropriate categorical Pretreatment
Standard(s). The Industrial User shall comply with the alternative daily maximum and monthly average limits
fixed by the Director until the Director modifies the limits or approves an Industrial User modification request.
Modification is authorized wherever there is a material or significant change in the values used in the
calculation to fix alternative limits for the regulated pollutant. An Industrial User must immediately report any
such material or significant change to the Director. Where appropriate new alternative categorical limits shall
be calculated within 30 days. The alternative limit for a specified pollutant will be derived by use of the
formulas as specified by 40 CFR section 403.6(e).
E. State Requirements. Any and all then applicable State requirements and limitations on
discharges to the utility shall be met by all users which are subject to such standards.
F. Whenever a conflict exists between any of the standards, requirements or limitations established
by federal regulations, State regulations or the City, the most stringent of those regulations and laws shall be met
by all users.
13.16.100 Right of revision. The City reserves the right to amend and in any manner change
and/or modify this Chapter to provide for more stringent limitations or requirements on discharges to the utility
where deemed necessary to comply with the objectives set forth in Section 13.16.020 of this Chapter and to
reflect changing conditions at the treatment facility.
13.16.110 Dilution. No user shall increase the use of potable or process water in any way, nor
mix separate waste streams for the purpose of diluting a discharge as a partial or complete substitute for
adequate treatment to achieve compliance with the standards set forth in this Chapter. The Director may impose
mass limitations on industrial users which are suspected of using dilution to meet applicable pretreatment
standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
13.16.120 Accidental discharge. A. No person shall allow the discharge of slug loads of
water or wastes into the public sewers which may be harmful to the operation of the utility.
B. Each user shall provide protection from accidental discharge of prohibited or regulated materials
or substances established by this Chapter. Where necessary, facilities to prevent accidental discharge of
prohibited materials shall be provided and maintained at the user's cost and expense. Detailed plans showing
facilities and operating procedures to provide this protection shall be submitted to the Director for review, and
must be approved by him before the facility can be constructed. Each existing user shall complete its plan and
submit same to the Director within one hundred twenty days of a written request of the Director. No user who
discharges to the utility after the aforesaid date shall be permitted to introduce pollutants into the system until
accidental discharge protection procedures have been approved by the Director. Approval of such plans and
operating procedures by the Director shall not relieve the user from the responsibility to modify its facility as
necessary to meet the requirements of this Chapter.
C. Users shall notify the Director immediately upon the occurrence of a slug load, or accidental
discharge of substances prohibited by this Chapter. The notification shall include location of discharge, date
and time thereof, type of waste, concentration and volume, and corrective actions. Any user who discharges a
slug load of prohibited materials shall be liable for any expense, loss, and damage to the utility, in addition to
the amount of any fines imposed on the City on account thereof under State or federal law .
D. Where notification of an accidental discharge is given orally a written report shall be filed by the
user within five (5) days.
E. Signs shall be permanently posted in conspicuous places on user's premises, advising employees
whom to call in the event of a slug or accidental discharge. Employers shall provide emergency notification
procedure instruction to all employees who may cause or discover such a discharge.
13.16.130 Bypassing. A. An industrial user may allow any bypass to occur which
does not cause pretreatment standards or Requirements to be violated, but only if it is also for essential
maintenance, so as to assure efficient operation. A bypass is purely a matter of discretion, not subject to appeal,
and vests no property interest of whatsoever kind or nature in any person. These bypasses are not subject to the
provision of paragraphs (C) and (D) of this section.
B. If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the
Director, if possible at least ten days before the date of the bypass.
C. An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable
pretreatment standards to the Director within twenty-four (24) hours from the time the industrial user becomes
aware of the bypass. A written submission shall also be provided within five days of the time the industrial user
becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause;
the duration of the bypass including exact dates and times, and if the bypass has not been corrected, the
anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent
reoccurrence of the bypass. The Director may waive the written report on a case-by-case basis if the oral report
has been received within twenty-four (24) hours.
D. Bypass is prohibited and the Director may take enforcement action against an industrial user for a
bypass, unless;
1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property
damage;
2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment,
retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is
not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative
maintenance; and
3. The industrial user submitted notices as required under paragraph Band C of this section.
E. The Director may approve an anticipated bypass, after considering its adverse effects, if the
Director determines that it will meet at least the three conditions listed in paragraph D of this section.
13.16.140 Wastewater users. It shall be unlawful to discharge sewage, industrial wastes or other
wastes to any sewer within the jurisdiction of the City and/or to the utility without having first complied with
the terms of this Chapter.
13.16.150 Wastewater discharge data disclosure.
A. General Disclosure. All industrial users proposing to connect to or to discharge sewage,
industrial wastes and other wastes to the utility shall comply with all terms of this Chapter within ninety (90)
days after the effective date of this Chapter.
B. Disclosure Forms. Industrial users shall complete and file with the Director a disclosure
declaration in the form prescribed by the Director. Existing industrial users shall file disclosure forms within
sixty (60) days after the effective date of this Chapter. Within one hundred eighty (180) days after the effective
date of a categorical pretreatment standard, or one hundred eighty (180) days after the final administrative
decision made upon a category determination submission under Chapter 403.6(a)(4), whichever is later, existing
industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to
discharge shall submit disclosure forms to the City. At least ninety (90) days prior to commencement of
discharge, New Sources, and users that become industrial users subsequent to the promulgation of an applicable
categorical standard, shall submit disclosure forms to the City. A new source shall also be required to include in
this report information on the method of pretreatment the source intends to use to meet applicable pretreatment
standards and estimates of its anticipated flow and quantity of pollutants discharged. The disclosure to be made
by the user shall cover:
1. Disclosure of name, address, and location of the user, and name of owners and operator;
2. Disclosure of Standard Industrial Classification (SIC) number according to the Standard
Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
3. Disclosure of the categorical pretreatment standards applicable to each regulated process
and wastewater constituents and characteristics including but not limited to those mentioned in this Chapter
(including all toxic pollutants), as determined by bona fide chemical and biological analyses. Sampling and
analysis shall be performed in accordance with procedures established by the EP A and contained in 40 CFR Part
136, as from time to time amended. The following sampling requirements shall be met.
a. Daily maximum and average concentration (or mass, where required) shall be
reported. The sample shall be representative of daily operations.
b. A minimum of four (4) grab samples must be used for pH, cyanide, total phenols,
oil and grease, sulfide and volatile organics. For all other pollutants, 24-hour composite samples must be
obtained through flow-proportional composite sampling techniques where feasible. The Director may waive
flow-proportional composite sampling for any industrial user that demonstrates that flow-proportional sampling
is infeasible. In such cases, samples may be obtained through time-proportional composite sampling techniques
or through a minimum of four (4) grab samples where the user demonstrates that this will provide a
representative sample of the effluent being discharged.
c. The user shall take a minimum of one representative sample to compile that data
necessary to comply with the requirements of this section.
d. Samples should be taken immediately downstream from pretreatment facilities if
such exist or immediately downstream from the regulated process if no pretreatment exists. If other
wastewaters are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows
and concentrations necessary to allow use of the combined waste stream formula of Section 13.16.090 D. in
order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit
has been calculated in accordance with Section 13.16.090 D. this adjusted limit along with supporting data shall
be submitted to the City.
4. Disclosure of time and duration of discharges, time, date and place of sampling and
method of analysis.
5. Disclosure of average daily and instantaneous peak wastewater flow rates, in gallons per
day, including daily, monthly and seasonal variations, if any, for all regulated waste streams and other streams
as necessary. All flows shall be measured unless other verifiable techniques are approved by the Director due to
cost or feasibility;
6. Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show
all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and
elevation;
7. Description of activities, facilities and plant processes on the premises including all
materials which are or may be discharged to the sewers or works of the utility;
8. Disclosure of the nature and concentration of any pollutants or materials prohibited by
this Chapter in the discharge, together with a statement regarding whether or not compliance is being achieved
with this Chapter on a consistent basis and if not, whether additional operation and maintenance activities or
pretreatment is required for the user to comply with this Chapter;
9. Where additional pretreatment and/or operation and maintenance activities will be
required to comply with this Chapter, the user shall provide a declaration of the shortest schedule by which the
user will provide such additional pretreatment and/or implementation of additional operational and maintenance
activities.
a. The schedule shall contain milestone dates for the commencement and completion
of major events leading to the construction and operation of additional pretreatment required for the user to
comply with the requirements of this Chapter including, but not limited to dates relating to hiring an engineer,
hiring other appropriate personnel, completing preliminary plans, completing final plans, executing contracts for
major components, commencing construction, completing construction, and all other acts necessary to achieve
compliance with this Chapter.
b. Under no circumstances shall the Director permit a time increment for any single
step directed toward compliance which exceeds nine months.
c. No later than fourteen days following each milestone date in the schedule and the
final date for compliance, the user shall submit a progress report to the Director, including no less than a
statement as to whether or not it complied with the increment of progress represented by that milestone date
and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the
steps being taken by the user to return the construction to the approved schedule. In no event shall more than
nine months elapse between such progress reports to the Director;
10. Disclosure of each product produced by type, amount, process or processes and rate of
production;
11. Disclosure of the type and amount of raw materials utilized (average and maximum per
day);
12. Disclosure of the type and amount of any intermediate material which may be discharged
to the sanitary sewer during the process of producing the final product from raw materials;
13. All disclosure forms shall be signed by a qualified engineer and in accordance with
13.16.190.
14. Disclosure of a list of any environmental discharge permits held by or for the facility.
C. The Director will evaluate the complete disclosure form and data furnished by the user and may
require additional information. Within thirty (30) days after full evaluation and acceptance of the data
furnished, the Director shall notify the user of whether the disclosure form and data are sufficiently complete
and acceptable.
D. Any modification of a raw material treatment process or final product that will result in an
altered waste being introduced into the sanitary sewer at any time during the process, or any new or increased
contributions by any user, shall require the filing of a new disclosure report as set forth in subsections B of this
Section, with the Director. Such new disclosure report shall be filed prior to the beginning of such altered or
new discharge. The Director may deny treatment service to any user under Section 13.16.240, if the Director
determines the proposed modified, new or increased discharge would present or threaten or appear to present or
threaten an imminent or actual danger to the environment, interfere with the operation of the utility, or violate
any pretreatment limit imposed by or provision contained in this Chapter.
E. Upon review of the data disclosure report(s), the utility director may determine the user is a
significant user based on the following:
1. A significant industrial user is any user, connected to the City sewer system, which meets
the following criteria:
a. All industrial users subject to categorical pretreatment standards under 40 CFR
403.6 and 40 CFR Chapter I, SubChapter N; and
b. Any other industrial user that discharges an average of 25,000 gallons per day or
more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blowdown
wastewater); contributes a process waste stream which makes up five (5) percent or more of the average dry
weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such in accordance with
40 CFR 403.l2(a) by the Director on the basis that the industrial user has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement.
2. Upon a finding that an industrial user meeting the criteria in paragraph 1 b of this section
has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment
standard or requirement, the Director may at any time, on its own initiative or in response to a petition received
from an industrial user or POTW, and in accordance with 40 CFR 403.8(£)(6), determine that such industrial
user is not a significant industrial user.
3. A significant user may also include any person or organization which allows the
discharge to the public sewer system of any slug load, toxic pollutant or any prohibited waste, violates any of
the general discharge prohibitions, significantly alters their wastewater without notifying the utility, fails to
comply with any part of this Chapter or applicable State or Federal regulations, or in any way causes
interference with the normal operation of the collection and/or treatment facilities. The significant user will
therefore be subject to all obligations and responsibilities of that designation.
4. Also included are users which have been delegated to the City for monitoring by State or
Federal regulations.
F. The significant user designation would require the user to be placed on the industrial
pretreatment program and be subject to the requirements of a notification package developed by the utility as a
control mechanism, as well as all other requirements of the industrial pretreatment program. Each user
approved as a significant user shall receive a notification package within 30 days of approval.
The notification package shall contain the following conditions:
1. Statement of duration (in no case more than five years);
2. Statement that the notification package is nontransferable without, at a minimum, prior
notification to and approval from the City, and provision of a copy of the existing wastewater discharge
notification package to the new owner or operator;
3. Effluent limits based on applicable pretreatment standards and local limits as established
by this Ordinance, and State and local law;
4. Self-monitoring, sampling, reporting, notification and recordkeeping requirements,
including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample
type, based on federal, State and local law;
5. Statement of applicable civil and criminal penalties for violation of pretreatment
standards and requirements, and any applicable compliance schedule. Such schedules may not extend the
compliance date beyond applicable federal, State, or local deadlines.
G. The City may also require significant users to enter into a contract with the City for sewer
service. The City may deny or limit the use of the Janesville sewer system to any significant user until a
contractual agreement which is acceptable to the City has been reached in the event a contract is deemed
appropriate. Any such contract shall be subordinate to this Chapter.
H. 1. The industrial user shall notify the POTW, the EPA Region V Waste Management
Division Director, and the DNR Bureau of Solid and Hazardous Waste Management in writing of any discharge
into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR part
261. Such notification must include the name of the hazardous waste as set forth in 40 CFR part 261, the EP A
hazardous waste number, and the type of discharge (continuous, batch, or other). Ifthe industrial user
discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also
contain the following information to the extent such information is known and readily available to the industrial
user: An identification of the hazardous constituents contained in the wastes, an estimation of the mass and
concentration of such constituents in the waste stream discharged during that calendar month, and an estimation
of the mass of constituents in the waste stream expected to be discharged during the following twelve months.
Industrial users shall provide notification no later than one hundred eighty (180) days after the discharge of the
listed or characteristic hazardous waste commences. Any notification under this paragraph need be submitted
only once for each hazardous waste discharged. The notification requirement in this section does not apply to
pollutants already reported under the self-monitoring requirements.
2. Discharges are exempt from the requirements of paragraph 1 of this subsection during a
calendar month in which they discharge no more than fifteen kilograms of hazardous wastes, unless the wastes
are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen
kilograms of non-acute hazardous wastes in a calendar month or any quantity of acute hazardous wastes as
specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification.
Subsequent months during which the Industrial User discharges more than such quantities of any
hazardous waste do not require additional notification.
3. In the event of any new regulations under section 3001 ofRCRA identifying additional
characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user
must notify the POTW, the EPA Region V Waste Management Division Director, and DNR Bureau of Solid
and Hazardous Waste Management of the discharge of such substance within ninety (90) days of the effective
date of such regulations.
4. In the case of any notification made under paragraph (1, 2 or 3) of this subsection, the
industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes
generated to the degree it has determined to be economically practical.
13.16.155 Pollutant Minimization Assessment
A. General Assessment. All industrial users applying for mass based limits shall comply with all
terms of this Chapter within ninety (90) days after the effective date of this Chapter.
B. Assessment Forms. Industrial users shall complete and file with the Director a pollutant
minimization assessment declaration in the form prescribed by the Director. Existing industrial users shall file
assessment forms within ninety (90) days after the effective date of this Chapter. At least ninety (90) days prior
to commencement of discharge, new sources and users that become industrial users shall submit pollutant
minimization assessment declaration forms to the City. The pollutant minimization assessment to be developed
by the user shall cover:
1. Site description
a. Disclosure of name, address and location of the user, and the name of owners and
operator;
b. Disclosure of Standard Industrial Classification (SIC) number according to the
Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
c. Description of products, facility operations and processes.
2. Process and facility data compilation
a. Disclosure of identified materials contributing to pollutant generation.
b. Disclosure of source, type, quantity and concentration of identified waste streams
contributing to pollutant generation.
3. Description of pollutant minimization options for consideration
a. Disclosure of source reduction options including but not limited to raw material
substitution, improved operating practices and process and equipment modifications and or changes.
b. Disclosure of recycling options including but not limited to material exchange or
reuse and raw material recovery.
c. Disclosure of waste treatment and alternative waste disposal options.
4. Disclosure of feasibility analysis for waste minimization options including technical and
economic evaluations of each pollution minimization option. Disclose final outcome of each option and include
recommendations for implementation of feasible options.
C. The Director will evaluate the complete pollutant minimization assessment form and data
furnished by the user and may require additional information. Within thirty (30) days after full evaluation and
acceptance of the furnished assessment, the Director shall notify the user of whether mass based limits will be
granted. Until the Director provides such notification of approval, the user shall not proceed in any manner.
13.16.160 Standards modification. A. The City reserves the right to amend this Chapter
and the terms and conditions hereof in order to assure compliance by the City with applicable laws and
regulations. When a user becomes subject to a newly adopted or modified local standard or to a newly adopted
national categorical pretreatment standard, the user shall file a disclosure form as required by Section 13.16.150
with the Director within one hundred eighty (180) days after the promulgation of the new or modified local
standard or of the applicable national categorical pretreatment standard or any amendment thereto by the EP A.
B. Compliance by existing sources with categorical pretreatment standards shall be within 3
years of the date the Standard is effective unless a shorter compliance time is specified in the appropriate
subpart of 40 CFR Chapter I, SubChapter N. Direct users with WPDES permits modified or reissued to provide
a variance pursuant to section 301(i)(2) of the Act shall be required to meet compliance dates set in any
applicable categorical pretreatment standard. Existing sources which become industrial users subsequent to
promulgation of an applicable categorical pretreatment standard shall be considered existing industrial users
except where such sources meet the definition of a New Source. New sources shall install and have in operating
condition, and shall "start-up" all pollution control equipment required to meet applicable pretreatment
standards before beginning to discharge. Within the shortest feasible time (not to exceed 90 days), new sources
must meet all applicable pretreatment standards.
13.16.170 Reporting requirements for user--Compliance date report. Within ninety (90) days
following the date for final compliance by the user with applicable pretreatment standards set forth in this
Chapter or ninety (90) days following commencement of the introduction of wastewater into the utility by a new
user, any user subject to this Chapter shall submit to the Director a report indicating the nature and
concentration of all prohibited or regulated substances contained in its discharge for each regulated process and
the average and maximum daily flow in gallons for all regulated waste streams, and other streams as necessary
to allow use of the combined waste stream formula. For industrial users subject to equivalent mass or
concentration limits established by the Director this report shall contain a reasonable measure of the user's long
term production rate. For all other industrial users subject to categorical pretreatment standards expressed in
terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall
include the user's actual production during the appropriate sampling period. The report shall state whether the
applicable pretreatment standards or requirements are being met on a consistent basis and, ifnot, what
additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance with
the applicable pretreatment standards or requirements. This statement shall be signed by an authorized
representative of the user as authorized in 13.16.190 and certified by a qualified engineer.
13.16.180 Reporting requirements for user--Periodic compliance reports.
A. Any user (categorical or noncategorical) subject to a pretreatment standard (categorical or local)
set forth in this Chapter, after the compliance date of such pretreatment standard, or, in the case of a new user,
after commencement of the discharge to the utility, shall submit to the Director during the months of June and
December, unless required more frequently by the Director, a report indicating the nature, flow and
concentration of prohibited or regulated substances in the effluent which are limited by the pretreatment
standards hereof. In addition, this report shall include a record of all measured or estimated average and
maximum daily flows during the reporting period reported in this Section. Flows shall be reported on the basis
of actual measurement, providing, however, that where costs of feasibility considerations justify, the Director
may accept reports of average and maximum flows estimated by verifiable techniques. The Director may
authorize the submission of the reports on months other than June and December in considering such factors as
local high or low flow rates, holidays, budget cycles, or other extenuating factors.
B. Reports of users shall contain all results of sampling and analysis of the discharge, including the
flow and the nature and concentration, or production and mass where required by the Director. The reports
required in this section shall be based upon data obtained through appropriate sampling and analysis (refer to
Section 13.16.150 (B)(3)(b) performed during the period covered by the report, which data is representative of
conditions occurring during the reporting period. Frequency of monitoring shall be that which is necessary to
assess and assure compliance by industrial users with applicable pretreatment standards and requirements. If
sampling performed by an industrial user indicates a violation, the user shall notify the Director within 24 hours
of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results
of the repeat analysis to the Director within thirty (30) days after becoming aware of the violation, except the
industrial user is not required to resample if: (1) The Director performs sampling at the industrial user at a
frequency of at least once per month, or (2) The Director performs sampling at the user facility between the time
when the user performs its initial sampling and the time when the user receives the results of this sampling. All
analyses shall be performed in accordance with 40 CFR, Part 136 and amendments thereto. Where 40 CFR,
Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis
shall be performed in accordance with the procedures approved by the Administrator of the EP A.
C. If an Industrial User subject to the reporting requirements of this section monitors any pollutant
more frequently than required by the Director, using the procedures prescribed in this Chapter, the results of this
monitoring shall be included in the report.
13.16.190 Signatory Requirements. The reports required by this ordinance shall include the
following certification statement: I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons
who manage the system, or those persons directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fine and imprisonment for
knowing violations. These reports shall be signed as follows:
1. By a responsible corporate officer, if the industrial user submitting the reports is a
corporation. For the purpose of this paragraph, a responsible corporate officer means (i) a president, secretary,
treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (ii) the manager of one or more
manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales
or expenditures exceeding $25 million (in second quarter 1980 dollars), if authority to sign documents has been
assigned or delegated to the manager in accordance with corporate procedures.
2. By a general partner or proprietor or the industrial user submitting the reports is a
partnership or sole proprietorship respectively.
3. By a duly authorized representative of the individual designated in paragraph (1) or (2) of
this section if:
a. The authorization is made in writing by the individual described in paragraph (1)
or (2);
b. The authorization specifies either an individual or a position having responsibility
for the overall operation of the facility from which the Industrial Discharge originates, such as the position of
plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility for
environmental matter for the company; and
c. The written authorization is submitted to the Director.
4. If an authorization under paragraph (3) of this section is no longer accurate because a
different individual or position has responsibility for the overall operation of the facility, or overall
responsibility for environmental matters for the company, a new authorization satisfying the requirements of
paragraph (3) of this section must be submitted to the Director prior to or together with any reports to be signed
by an authorized representative.
13.16.200 Monitoring facilities. A. Each user subject to the requirements of the
industrial pretreatment program shall provide and operate at the user's own expense, a monitoring facility to
allow twenty-four (24) hour access for inspection, sampling and flow measurement of each sewer discharge to
the utility. Each monitoring facility shall be situated on the user's premises, except when such a location would,
in the sole opinion of the Director, cause an extreme hardship on the user. When the Director determines such
an extreme hardship exists, the Director may concur with the facility being constructed in the public street or
sidewalk area providing that the facility is located so that it will not be obstructed by landscaping or parked
vehicles. Before any monitoring facility may be constructed, its location must be approved by the Director.
B. There shall be ample room in or near such sampling facility to allow accurate sampling and
preparation of samples for analysis. The facility, sampling and measured equipment shall be maintained at all
times in a safe and proper operating condition at the expense of the user. Ifmeasuring devices are to be
permanently installed, they shall be of a type approved by the Director. All monitoring facilities shall be
constructed and maintained in accordance with all applicable local construction standards and specifications.
C. Plans for the installation of monitoring facilities and related equipment shall be submitted for
review and approval to the Director prior to the beginning of construction.
D. The volume of flow used for computing industrial waste surcharges shall be metered water
consumption as shown in the records maintained by the J anesville water utility.
E. In the event that a user produces evidence satisfactory to the Director that more than twenty
percent of the total annual volume of water used for all purposes does not reach the public sewer, the user may
be required by the Director to install a waste-metering device, as provided in subsection F of this Section and
the service charges shall then be determined by the volume recorded on the metering device.
F. Devices for metering the volume of wastes discharged may be required by the Director.
Metering devices for determining the volume of waste shall be purchased, installed, owned and maintained by
the user. Following approval and installation, such meters may not be removed without the consent of the
Director.
G. All industrial users shall have an inspection and sampling manhole or structure with an opening
of not less than 24-inches in diameter and an internal diameter of not less than 48-inches which is designed to
contain flow measuring, recording, and sampling equipment as requested or required by the Director to assure
compliance with this Chapter.
H. Where a treated regulated process waste stream is combined prior to treatment with wastewaters
other than those generated by the regulated process, the industrial user may monitor either the segregated
process waste stream or the combined waste stream for the purpose of determining compliance with applicable
pretreatment standards. If the industrial user chooses to monitor the segregated process waste stream, it shall
apply the applicable categorical pretreatment standard. Ifthe user chooses to monitor the combined waste
stream, it shall apply an alternative discharge limit calculated using the combined waste stream formula as
provided in 40 CFR 403.6(e). The industrial user may change monitoring points only after receiving approval
from the Director. Any change in an industrial user's monitoring point(s) shall not allow the user to substitute
dilution for adequate treatment to achieve compliance with applicable Standards.
13.16.210 Inspection and sampling. A. The City or utility may inspect the monitoring
facilities of any user to determine compliance with the requirements of this Chapter. The user shall allow the
Director or his representative to enter upon the premises of the user at all reasonable hours, for the purposes of
inspection, sampling or records examination. For facilities with security measures in force, the user shall allow
the Director or his representative to enter premises without delay upon presentation of suitable identification.
Unreasonable delays in allowing access to the premises is a violation of the ordinance. The City or utility shall
have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection,
compliance monitoring and/or metering operations.
B. Industrial wastes discharged into the public sewers shall be subject to periodic inspection, and a
determination of character and concentrations. The determination shall be made as often as deemed necessary.
If any testing by the City shows a changed degree of pollutionalload in the sewage or waste being discharged,
new test results shall be used in computing the subsequent billings, but no reduction shall be made, unless at
least a full day of operation of the person's plant has undergone the test. Any affected user may request the
utility to make new tests. Such tests are to be at the expense of the user. Such tests are to be of a minimum of
twenty-four hours duration, if possible. If the Director is satisfied that such test was made when the plant was
operating under normal conditions, the results of such tests shall be used in computing the subsequent billing in
the manner previously prescribed.
C. At a minimum the City shall inspect and sample the effluent from each significant industrial user
at least once a year and evaluate, at least once every two years, whether each such Significant Industrial User
needs a plan to control slug discharges. For purposes of this subsection, a slug discharge is any discharge of a
non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge.
The results of such activities shall be available to the City upon request. If the Director decides that a slug
control plan is needed, the plan shall contain at a minimum, the following elements:
1. Description of discharge practices including non-routine batch discharge;
2. Description of stored chemicals;
3. Procedures for immediately notifying the POTW of slug discharges, including any
discharge that would violate a prohibition under 13 .16.050 and 13 .16.060 with procedures for follow-up written
notification within five days;
4. If necessary, procedures to prevent adverse impact from accidental spills, including
inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading
operations, control of plant site run-off, worker training, building of containment structures or equipment,
measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for
emergency response
13.16.220 Analysis regulations. Laboratory procedures used in the examination of industrial waste
shall be those set forth in subdivision 3 of subsection B of Section 13.16.150 and/or subsection B of Section
13.16.180.
13 .16.230 Confidential information. A. Information and data furnished to the City with
respect to the nature and frequency of discharge shall be available to the public or other governmental agency
without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City
that the release of such information would divulge information, processes or methods of production to
protection as trade secrets or proprietary information of the user.
B. When requested by a user furnishing a report, the portions of a report which may disclose trade
secrets or secret processes shall not be made available for inspection by the public but shall be made available
upon written request to governmental agencies for uses related to this Chapter, the NPDES permit, the WPDES
permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for
use by the State or any State agency in judicial review or enforcement proceedings involving the user furnishing
the report. Wastewater constituents and characteristics shall not be recognized as confidential information.
Confidentiality requests should be made to the Director.
C. Information accepted by the City as confidential, shall not be transmitted to any governmental
agency or to the general public by the City until and unless notification is given to the user.
13.16.240 Emergency suspension of service. A. The Director may for good cause shown
immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is
necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or
substantial danger to the health or welfare of persons, endangerment to the environment, interference with the
operation of the utility, or violates or appears to violate any pretreatment limits imposed by this Chapter.
B. Any user notified of the suspension of the City's wastewater treatment service shall, within such
period of time as determined solely by and in the discretion of the Director, cease all discharges.
C. Ifthe user fails to comply voluntarily with such Director's suspension order within the specified
time so mandated, the City may commence judicial proceedings immediately thereafter to compel the user's
compliance with such order and all other provisions of this Chapter and as otherwise provided by law and/or
equity.
D. The City may reinstate the user's wastewater treatment service upon receipt of sufficient proof, in
the sole determination of the Director, that the non-complying discharge or conditions creating the threat or
apparent threat of imminent, substantial, and/or actual danger have been fully eliminated by the user. In the
event that judicial proceedings have been commenced, such proceedings may be continued, suspended, or
terminated but only with the consent of the City Attorney.
13.16.250 Revocation of treatment service. The City may seek to terminate the wastewater
treatment service to any user who:
A. Fails to factually report the wastewater constituents and characteristics of its discharge;
B. Fails to report significant changes in wastewater constituents or characteristics;
C. Refuses reasonable access to the user's premises to authorized representative(s) of the utility or
City for the purpose of inspection or monitoring;
D. Violates the conditions or any provision of this Chapter, or any judicial, City, or other order
entered with respect hereto;
E. Makes, attempts to make, aids, or abets any connection to the City's wastewater collection system
in any manner contrary to any provision of this Chapter or other State, Federal, or local law.
F. Discharges, causes to be discharged, or in any manner aids in the discharge of any toxic or
hazardous pollutant or any other substance prohibited in this Chapter.
13.16.260 Notification of violation-Administrative adjustment.
A. Whenever the City finds that any user has engaged in conduct which constitutes a basis for or
otherwise justifies termination of wastewater service, the City shall serve or cause to be served upon such user a
written notice of such termination and the basis therefore. The user may request a hearing before the Director to
respond to such notice and with particularity state its reasons why termination is inappropriate. The Director
shall then take such action as he believes appropriate under the particular facts and circumstances.
B. For those violations that the City or that the Director deems to require a lesser level of
enforcement, the City shall serve or cause to be served upon such user, personally or by registered or certified
mail, return receipt requested, a written notice stating the nature of the alleged violation. Within thirty (30) days
of the date of the receipt of the notice, the user shall respond personally or in writing to the City, advising of its
position with respect to the allegations. Thereafter, the parties shall meet to ascertain the veracity of the
allegations and where necessary, establish a plan for the satisfactory correction thereof.
C. In cases which fall within the intent of sub-paragraph B. supra, and the violation is not corrected
by timely compliance by means of administrative adjustment, the City or the Director may order any user which
directly or indirectly engages in, causes or allows conduct prohibited by this Chapter to show cause before the
common council or its duly authorized representative(s), why the proposed enforcement action(s) should not be
taken. A written notice shall be served on the user in the manner specified, supra, specifying the date, time, and
place of a hearing to be held regarding the violation(s), the proposed enforcement action(s), the reason(s) why
the proposed enforcement action( s) should be taken, and directing the user to appear at said hearing to show
cause why the proposed enforcement action(s) should not be taken. The burden of proof rests solely with the
user and shall never shift to the City or any person other than the user and shall be to a reasonable certainty
based upon evidence which is clear, satisfactory, and convincing. Findings of fact, determinations, conclusions,
and corresponding orders shall then be rendered verbally or in writing by the finder/hearer. The user shall be
bound by such findings, determinations, conclusions, and corresponding orders including any and
all time during which the user and/or anyone on its behalf seeks further legal or equitable relief.
13.16.270 Judicial proceedings--Enforcement. Following a determination by the Director or
any other City agency, board, or council, of one or more violations of any provision of this Chapter or other
applicable law, rule, or regulation, the City may commence such action(s) and/or seek such other applicable
legal and/or equitable relief against the user as it deems appropriate under the specific facts and circumstances
present.
13.16.280 Enforcement actionsnAnnual publication. An annual public notification will be
published in the largest daily newspaper in Janesville of industrial users which, at any time during the previous
twelve months, were in significant noncompliance with applicable pretreatment requirements. For the purposes
of this provision, an industrial user is in significant noncompliance ifits violation meets one or more of the
following criteria:
A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six
percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily
maximum limit or the average limit for the same pollutant parameter;
B. Technical Review Criteria (TRC) violations defined here as those in which thirty-three percent or
more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed
the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for
BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH or exceed a pH limit by 0.4 standard
pH units);
C. Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that
the Director determines has caused, alone or in combination with other discharges, interference or pass through
(including endangering the health ofPOTW personnel or the general public);
D. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or
to the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a
discharge;
E. Failure to meet, within 90 days after the schedule date, a compliance schedule milestone
contained in the notification package or enforcement order for starting construction, completing construction, or
attaining final compliance;
F. Failure to provide, within 30 days after the due date, required reports such as disclosure forms,
90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance
schedules;
G. Failure to accurately report noncompliance;
H. Any other violation or group of violations which the Director determines will adversely affect the
operation or implementation of the local pretreatment program.
13.16.290 Operating upsets. A. Any user which experiences an upset in operations which
places the user in a temporary state of noncompliance with this Chapter or any user which releases a slug load
shall inform the utility thereof immediately upon first awareness of the commencement of the upset or release of
the slug load. When such information is given orally, a written follow-up report thereof shall be filed by the
user with the utility within five (5) days and shall specify:
1. Description of the upset or slug load, the cause thereof and the upset's or slug load's
impact on a user's compliance status;
2. Duration of noncompliance, including exact dates and times of noncompliance, and if the
noncompliance continues, the time by which compliance is reasonably expected to occur;
3. All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an
upset, slug load or other conditions of noncompliance.
B. A documented and verified bona fide operating upset shall not be an affirmative defense to any
enforcement action brought by the City against a user for any noncompliance with this Chapter which arises out
of violations alleged to have occurred during the period of the upset.
13.16.300 Records retention. All users subject to this Chapter shall retain and preserve for no
less than seven (7) years, any records, books, documents, memoranda, reports, correspondence and any and all
summaries thereof, relating to monitoring, sampling and chemical analyses made by or in behalf of a user in
connection with its discharge. All records which pertain to matters which are the subject of administrative
adjustment or any of the enforcement or litigation activities brought by the City pursuant to this Chapter shall be
retained and preserved by the user until all enforcement activities have concluded and all periods of limitation
with respect to any and all appeals have expired.
13.16.310 Severability. If any provision, paragraph, word, section or subsection of this
Chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words,
sections, and subsections shall not be affected and shall continue in full force and effect.
13.16.320 Conflict.
other City ordinance.
The provisions of this Chapter shall govern whenever in conflict with any
13.16.330 Recovery of costs incurred. Any person violating any of the provisions of this Chapter,
or who discharges or causes to be discharged any substance which, directly or indirectly, causes or tends to
cause any damage or impairment to the wastewater system or treatment facility, produces or tends to produce a
deposit or obstruction, or in any manner damages and impairs or tends to damage or impair the utility's
wastewater disposal system, shall be liable to the utility for any and all expense, loss, cost, and fees of
whatsoever kind and nature, without limitation, directly and indirectly arising from and/or pertaining to such
damage, impairment, obstruction, deposit, and/or violation, In addition to each and every other remedy in this
Chapter, in law and equity, and otherwise, the utility shall bill and recover from the person and/or user such
amounts incurred by the utility for any cleaning, repair, damage, forfeitures, penalties, and replacement work so
caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation of this
Chapter.
13.16.340 Right of appeal. Any affected user shall have the right to request in writing an
interpretation or ruling by the Director on any matter covered by this Chapter and shall be entitled to a written
reply. In the event that such inquiry pertains to matters of performance, compliance, or enforcement, receipt of
a user's request shall not stay any enforcement proceedings pending the City's reply.
13.16.350 Violation - Penalties --Remedies. A. Any person, or any officer of any
corporation, who violates or causes to be violated any provision of this Chapter, may upon conviction thereof,
be fined not less than one thousand dollars ($1,000.00) nor more than ten thousand dollars ($10,000.00),
together with the costs of prosecution, and in default of the payment of such forfeiture shall be subject to such
sanctions and penalties as provided by law and/or ordered by the court, and/or committed to the Rock County
J ail for a term as set forth by the court.
B. It shall be the responsibility of the offender to abate the violation immediately, and each day that
such violation continues constitutes a separate offense.
C. The City may, in addition to the above civil penalty, institute injunction, mandamus, abatement
or any other appropriate action or proceeding to prevent, enjoin, abate or remove the violation.
D. Any person, or any officer of any corporation, who knowingly makes any false statement,
representation or certification in any application, record, report, plan or other document filed or required to be
maintained pursuant to this Chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring
device or method required under this Chapter may be punished under the criminal laws of Wisconsin as well as
being subjected to civil penalties and relief. Upon conviction, punishment may be by the imposition of a forfeiture
of not more than ten thousand dollars ($10,000.00), together with the costs of prosecution, and in default of the
payment of such forfeiture shall be subject to such sanctions and penalties as provided by law and/or ordered by the
court, and/or committed to the Rock County Jail for a term as set forth by the court.
E. If, in any action, any permit was issued, it shall not constitute a defense, nor shall any error, oversight
or dereliction of duty on the part of any City agent or employee constitute a defense.
F. Any person, or any officer of any corporation, who violates or causes to be violated any of the
provisions ofthis Chapter shall be liable to the City for any expenses, loss or damage occasioned by such violation,
including personnel costs and attorney's enforcement ofthe order and/or any other appropriate legal and/or equitable
relief.
SECTION V. Chapter 13.18 of the Code of General Ordinances of the City ofJanesville is hereby
created to read as follows:
Sections:
13.18.010
13.18.020
13 .18.030
13.18.040
13.18.050
13.18.060
13.18.070
13.18.080
13.18.090
13.18.100
13.18.110
13.18.120
13.18.130
Chapter 13.18
SEWER SERVICE CHARGES
Purpose--Scope-- Po licy.
Definitions.
Sewer service charges--Generally.
Industrial and commercial surcharge.
Hauled waste service charge.
Sewer service charges, surcharges and pretreatment program charges--Billing period.
Sewer service charges, surcharges and pretreatment program charges--Payment
procedure.
Industrial pretreatment program--Funding and fees.
Sewer service charges, surcharges and pretreatment program charges--Delinquent
bills-- Late charge.
Sewer service charges, surcharges and pretreatment charges-
When constitutes a lien.
Sewer service charges, surcharges and pretreatment program charges--Effect of
ownership or occupancy change on delinquency.
Severability
Violations - Penalties - Other Relief
13.18.010 Purpose--Scope--Policy.
A. The City has provided facilities for collection and treatment of sewage to promote the health,
safety and convenience of its people, and to safeguard the water resources common to all. In such facilities,
provisions of design, construction and operation have been made to accommodate certain types and quantities of
commercial and industrial wastes in excess of, and in addition to, normal sewage.
B. The common council has determined that it is the obligation of the producers of domestic,
commercial and industrial wastes to defray the cost of normal and extraordinary services rendered by the City in
the collection and treatment of such wastes in an equitable manner and,
insofar as it is practicable, in proportion to the benefits derived from such services.
C. Service Area. The Wastewater Utility shall provide service within the corporate limits of the
City. Service to properties or areas outside the City limits can not be provided unless the property owners enter
into an agreement with the City. This agreement will, among other things, require the property, or the property
owner's heirs or successors, to annex into the City when the City's corporate limits reach any side of the
property. Ifthe property fails to annex to the City, for any reason, service will be terminated until such time that
annexation does occur.
D. The objectives of this Chapter are:
1. To provide for the recovery of all the costs of constructing, maintaining and operating the
City wastewater system; and
2. To provide for the establishment and maintenance of an equipment replacement fund.
13.18.020
Definitions. See Section 13.16.030
13.18.030 Sewer service charges--Generally. There is levied and assessed upon each lot, parcel of
land, building, premises or unit having a connection with the public sewer system, a sewer charge based upon
the quantity of wastewater discharged, as measured by the Janesville water utility. Unless metered and showing
otherwise, it shall be assumed that the quantity of wastewater discharged into the public sewer system is the
same as the quantity of water used by the particular lot, parcel of land, building, premises or unit. If any person
discharging wastewater into the public sewer system procures any part or all of his water from sources other
than the City water utility, all or part of which is discharged into the public sewers, the person shall, at his
expense, provide a suitable location and proper connections for the installation of a water meter provided by the
utility, for the purpose of determining the volume of water obtained from these other sources. Such sewer
service charge for each quarter shall be:
A. Fixed Charges (Minimum)
Quarterly Charges
Meter Type Size (inches) Present New
Rates * Rates**
Water 5/8 $20.90 $23.25
Water % $22.65 $25.10
Water 1 $26.10 $28.90
Water 1-1/2 $34.75 $38.30
Water 2 $45.10 $50.10
Water 3 $69.25 $77.30
Water 4 $103.75 $114.90
Water 6 $190.00 $210.00
Water 8 $293.55 $327.00
Water 10 $431.60 $491.30
Parshall Flume 3 $162.40 $180.50
Parshall Flume 6 $321.15 $361.50
Parshall Flume 9 $707.70 $803.00
Parshall Flume 12 $707.70 $803.00
* Effective 01/01/2005
** Effective01/01/2006
B. Volume Charges
Quarterly Charges
For all flow-- per 100 cubic Present Rates* New Rates**
foot increment:
$1.04 $1.13
* Effective 01/01/2005
** Effective 01/01/2006
C. "Clear water"/"Deduct" Meter. The customer may, in an effort to reduce wastewater
charges, measure the water supplied by the City water utility which does not enter the sanitary sewer collection
system, through the use of an additional "clear water" meter. The person shall, at his own expense, provide a
suitable location and proper connections to allow the installation of a water meter purchased from, and installed
by, the City water utility. Wastewater charges will be reduced by using the volume of flow not entering the
sanitary sewer with the current wastewater rates. The cost of testing, maintenance, and replacement of the
"clear water" meter shall be at the customer's expense.
13.18.040 Industrial and commercial surcharge.
A. Imposition. All persons, firms, corporations, institutions or organizations discharging wastes
into the public sewers shall, if their sewage has a concentration greater than "normal" concentrations, be
considered an industrial user and subject to the requirements of Section 13.16.150 of Chapter 13.16. The
amount of surcharge shall reflect the cost incurred by the City in removing the excess biochemical oxygen
demand (BOD) and suspended solids.
B. Computation. The excess pounds of BOD and suspended solids will be computed by multiplying
the flow volume in million gallons per day (MGD) by the constant 8.345, and then multiplying the product by
the difference between the user's concentrations of BOD and suspended solids and the aforementioned "normal"
concentrations in milligrams per liter. This product will then be multiplied by the number of days in the billing
period to determine the surcharge.
C. Rates. The rates of surcharge for each of the constituents mentioned in Subsection B of this
section will be at the prevailing rate at the time. The prevailing rate at the time is as follows:
1. For biochemical oxygen demand,
Present Rates* New Rates**
per pound $0.198 $0.212
2. For suspended solids,
Present Rates* New Rates**
per pound $0.167 $0.174
* Effective 01/01/2005
** Effective 01/01/2006
13.18.050 Hauled waste service charge.
A. General.
1. Should the Director determine that excess capacity exists at the wastewater treatment
plant, and that the conditions of the WPDES permit granted by the State for operation of the wastewater
treatment plant will be met, septage, privy or vault toilet wastes, holding tank wastes and other bulk wastes may
be accepted for treatment as provided for in Sec. 144.08, Wis. Stats., as from time to time amended. Such
wastes shall only be accepted from haulers licensed under Sec. 146.30(3)(a), Wis. Stats., as from time to time
amended. Hauled wastes shall only be accepted if such wastes are delivered by the licensed hauler to the
wastewater treatment plant, and discharged at a location and under such conditions as approved by the Director.
2. Prior to accepting wastes from a licensed hauler, the hauler shall have filed with the
Director an application in writing, on a form provided by the Director for disposal of hauled wastes.
Applications shall be filed by the licensed haulers prior to any waste being discharged. The Director will
evaluate applications and shall approve or reject applications within one month.
3. All approvals for hauled waste disposal shall be subject to such conditions as deemed
necessary by the Director, including the condition that acceptance of hauled wastes may be restricted or
suspended, should the wastewater treatment plant have operational problems, maintenance problems, or the
threats ofWPDES permit violation which are indirectly or directly related to the acceptance of hauled wastes.
Individual reports from each hauler shall be prepared for each load of waste discharged.
B. Rates. Application fees and disposal charges for bulk wastes shall be as follows:
1. Application fee. To defray administrative costs for processing applications for hauled
waste disposal, a non-refundable fee of $25 shall be paid by applying licensed hauler at the time of application.
2. Septage. For each 1,000 gallons or a portion thereof of typical strength septage (less than
7,000 mg/L BOD and 15,000 mg/L SS) there shall be a charge of$30. If analytical testing determines the
strength of the septage to be higher than the typical values as indicated above, an additional charge shall be
levied, based upon the unit charges as indicated in Section 13.18.040 above, and upon the increased pounds of
BOD and/or SS over and above the typical strengths as stated in this paragraph.
3. Holding Tank Wastes. For each 1,000 gallons or portion thereof of typical strength
holding tank waste (less than 600 mg/L BOD and 1,800 mg/L SS) there shall be a charge of $7.50. If analytical
testing determines the strength of the holding tank waste to be higher than the typical values as indicated above,
an additional charge shall be levied, based upon the unit charges as indicated in Section 13 .18.040 above, and
upon the increased pounds of BOD and/or SS over and above the typical strengths as stated in this paragraph.
4. Privy, Vault Toilet Wastes, and Other Bulk Wastes. Privy, vault toilet wastes and other
bulk wastes will be charged for on a case-by-case basis, based on the character of the wastes as determined by
actual testing, upon the unit charges as indicated in Section 13 .18.040 above, and including actual costs for
analytical charges and for administrative expenses
13.18.060 Sewer service charges, surcharges and pretreatment program chargesnBilling period
A. Sewer service charges, surcharges, and pretreatment program charges provided for in this
Chapter and Chapter 13.16 shall be included as separate items on the regular bill for water service, and shall be
payable upon issue in accordance with the existing rules and regulations of the water utility.
B. Revenue raised by the operation, maintenance and replacement (0, M & R) rates are to be used
only to defray utility expenses for 0, M & R. The replacement fund is to be funded at the level of $435,000 per
year. Monies allocated for replacement are to be used only for replacement.
C. DNR regulations, specificallyNR 128.13(2)(b), as from time to time amended, requires an audit
and review of the user charge system rates no less often than every two (2) years. The regulation specifically
provides that:
The City should revise the charges for users or user classes to accomplish the following:
1. Maintain the proportional distribution of operation and maintenance costs among the
users and user classes as required herein;
2. Generate sufficient revenue to pay the total operation and maintenance (including
replacement) of the treatment works; and
3. Apply excess revenues collected from a class of users to the costs of operation and
maintenance attributable to that class for next year and adjust the rate accordingly.
D. In accordance with these rules, a biannual review of charges for users or user classes shall be
made by the utility to insure the proportional distribution of operation and maintenance costs among users and
user classes, and that adequate funds are accumulating in the replacement fund to defray the cost of future
replacements.
13.18.070 Sewer service charges, surcharges and pretreatment program charges--Payment
procedure.
A. Sewer service charges, surcharges and pretreatment charges shall be payable at the office of the
municipal building, or at any other officially designated location at the same time that the water bills become
due, or at such other time as may be designated by the wastewater utility. Payments for water service shall not
be accepted without full payment of the sewer service charges and surcharges.
B. These and any and all other costs and fees set forth herein, pertaining to, or arising from this
Chapter, Chapter 13.16 and/or its application shall, in addition to any and all other remedies available at law for
the assessing, levying, and collecting of same, may be levied against the user's property as a lien and/or special
assessment. All remedies for collecting the cost of same being cumulative and not exclusive.
13.18.080 Industrial pretreatment program--Funding and fees. The sample collection and
analysis costs of the Industrial Pretreatment Program of the City shall be borne by those users that require
monitoring, as determined by the Director. Sample analysis and collection costs shall be based upon the actual
costs of this activity to the utility and shall be proportionately divided amongst the users to reflect each user's
actual use. The costs of any additional services that are requested by a particular user or required by the
Director for a particular user shall be charged to that user.
13.18.090 Sewer service charges, surcharges and pretreatment program charges-- Delinquent
bills--Late charge. Bills for sewer service charges, surcharges and pretreatment program charges levied and
assessed in accordance with this Chapter and/or Chapter 13.16 shall become due and payable within thirty days
from and after the date of the bill. In the event that any such bill or bills are not paid when due, a late charge of
one percent every thirty days on the unpaid balance will be added thereto.
13.18.100 Sewer service charges, surcharges and pretreatment charges- -When constitutes a lien.
Each sewer service charge, surcharge and pretreatment program charge levied by or pursuant to this Chapter
and/or Chapter 13.16 shall constitute a lien upon the premises serviced by the sewer system, as provided for in
Section 66.076, Wis. Stats., as from time to time amended.
13.18.110 Sewer service charges, surcharges and pretreatment program charges--Effect of
ownership or occupancy change on delinquency. Change of ownership or occupancy of premises
delinquent under the provisions of this Chapter and/or Chapter 13.16 shall not be cause for reducing or
eliminating charges due and penalties.
13.18.120 Severability. If any provision, paragraph, word, section or subsection of this
Chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words,
sections, and subsections shall not be affected and shall continue in full force and effect.
13.18.130 Violation - Penalties - Other Relief.
A. Any person, firm or corporation, or any officer of any corporation, who violates or causes to be
violated any ofthe provisions ofthis Chapter shall forfeit and pay to the city a penalty of not to exceed one thousand
dollars ($1,000.00) for each offense, together with the costs of prosecution, and in default of the payment of such
forfeiture shall be subject to such sanctions and penalties as provided by law and/or ordered by the court, and/or
committed to the Rock County Jail for a term as set forth by the court.
B. It shall be the responsibility of the offender of any provision of this Chapter to abate the violation
immediately, and each day that such violation continues constitutes a separate offense.
C. The city may, in addition to the previously stated penalties, institute injunction, mandamus,
abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove the violation.
D. Any person, firm or corporation, or any officer of any corporation, who knowingly makes any false
statement, representation or certification in any application, record, report, plan or other document filed or required
to be maintained pursuant to this Chapter, or who falsifies, tampers with or knowingly renders inaccurate any
monitoring device or method required under this Chapter, shall upon conviction be punished by the imposition of a
forfeiture of not less than five hundred dollars ($500.00) and not more than one thousand dollars ($1,000.00),
together with the costs of prosecution, and in default of the payment of such forfeiture shall be subject to such
sanctions and penalties as provided by law and/or ordered by the court, and/or committed to the Rock County Jail for
a term as set forth by the court.
E. If, in any action, any permit was issued, it shall not constitute a defense, nor shall any error, oversight
or dereliction of duty on the part of any City agent or employee constitute a defense.
F. Any person, or any officer of any corporation, who violates or causes to be violated any of the
provisions of this Chapter shall be liable to the City for any expenses, loss or damage occasioned by such violation,
including personnel costs and attorney's enforcement ofthe order and/or any other appropriate legal and/or equitable
relief.
G. If, in any action, any permit was issued, it shall not constitute a defense; nor shall any error,
oversight or dereliction of duty on the part of any city agent or employee constitute a defense.
H. Failure to comply with the requirements ofthis section and Chapter 13.18 ofthe J anesville Municipal
Code will result in discontinuance of wastewater service to the premises.
See Wis. Admin. Code § NR 811.09.
ADOPTED:
November 28, 2005
Motion by: Brunner
Second by: Addie
Councilmember Aye Nay Pass Absent
Brunner X
Brien X
Williams X
Wellnitz, Tim X
Wellnitz, Tom X
DeGarmo X
Addie X
APPROVED:
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Steven E. Sheiffer, City anager
ATTEST:
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JeapÁnn Wulf, City Clerk-Treasurer,
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APPROVED AS TO FORM:
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City Attorney / ~ )'/1'
Proposed by: Utility Director
Prepared by: Utility Director and City Attorney
Title 13 Major Amendment Water & Sewer Ordinance Chapter 13 (proposed revisions) Wald