PELL LAKE SANITARY DISTRICT #1

SEWER USE AND USER CHARGE

ORDINANCE NO. 97-1

AN ORDINANCE CREATING RULES AND REGULATIONS GOVERNING THE USE OF A PUBLIC SEWER SYSTEM MAINTAINED BY PELL LAKE SANITARY DISTRICT, NO. 1 TOWN OF BLOOMFIELD, WALWORTH COUNTY, WISCONSIN, AND ESTABLISHING A SYSTEM OF CHARGES AND RATES FOR SEWER SERVICE.

The Commission of Pell Lake Sanitary District, No. 1, Town of Bloomfield, Walworth County, Wisconsin, does hereby ordain as follows:

SECTION 1. PURPOSES.

The purposes of these Rules and Regulations are to establish regulations for the use of public and private sewers and drains, for the installation and connection of building sewers, and for the installation and connection of building sewers, and for the discharge of waters and wastes into the public sewer system compatible with regulations of the State of Wisconsin Department of Natural Resources; to provide for penalties for violations thereof; to provide for the levying and collection of sewer service charges and penalties; and to provide for a system of charges to new customers to compensate the District for reserve capacity designed and built into the sewer system.

SECTION 2. DEFINITIONS.

2.1 - BOD (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter in five (5) days at 20 degrees Celsius, expressed as milligrams per liter (mg/1). Quantitative determination of BOD shall be made in accordance with procedures set forth in "Standard Methods".

2.2 - BUILDING DRAIN shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet outside the inner face of the building wall.

2.3 - LATERAL shall mean the extension from the building drain to the public sewer or other place of disposal.

2.4 - COMBINED SEWER shall mean a sewer intended to receive both wastewater and storm or surface water.

2.5 - COMMISSION shall mean the duly appointed Commissioners of the Pell lake Sanitary District, No. 1.

2.6 - COMPATIBLE POLLUTANTS shall mean biochemical oxygen demand, suspended solids, phosphorus, nitrogen, pH, or fecal coliform bacteria, plus additional pollutants identified in the WPDES permit for the publicly owned wastewater treatment facility receiving the pollutants, if such works were designed to treat such additional pollutants, and, in fact, do remove such pollutants to a substantial degree.

2.7 - DISTRICT shall mean the Pell Lake Sanitary District, No. 1 of the Town of Bloomfield.

2.8 - GARBAGE shall mean the residue from the preparation, cooking, and dispensing of food, and from the handling, storage, and sale of food products and produce.

2.9 - GROUND GARBAGE shall mean the residue from the preparation, cooking, and dispensing of food that has been shredded to such a 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 (1/2) inch in any dimension.

2.10 - HOLDING TANK WASTE shall mean any untreated wastewater from holding tanks such as vessels, chemical toilets, campers, trailers, and vacuum pump tank trucks.

2.11 - INCOMPATIBLE POLLUTANTS shall mean wastewater with pollutants that will adversely affect or disrupt the quality of wastewater treatment if discharged to a wastewater treatment facility.

2.12 - MUNICIPALITY shall mean the Pell Lake Sanitary District, No. 1.

2.13 - NATURAL OUTLET shall mean any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.

2.14 - NORMAL DOMESTIC STRENGTH WASTEWATER shall mean wastewater with concentrations of BOD no greater than 200 mg/1, suspended solids no greater than 250 mg/1, and phosphorus no greater than 6 mg/1.

2.15 - OPERATION AND MAINTENANCE COSTS shall include all costs associated with the operation and maintenance of the wastewater collection and treatment facilities, as well as the costs associated with periodic equipment replacement necessary for maintaining capacity and performance of wastewater collection and treatment facilities.

2.16 - PARTS PER MILLION shall be a weight-to-weight ratio; the parts per million value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water.

2.17 - PERSON shall mean any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency, or other entity.

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

2.19 - PUBLIC SEWER shall mean any publicly owned sewer, storm drain, sanitary sewer, or combined sewer.

2.20 - REPLACEMENT COSTS shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the wastewater collection facilities to maintain the capacity and performance for which such facilities were designed and constructed. Operation and maintenance costs shall include replacement costs.

2.21 - SANITARY SEWAGE shall mean a combination of liquid and water -carried wastes discharged from toilets and/or sanitary plumbing facilities.

2.22 - SANITARY SEWER shall mean a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of ground, storm and surface waters that are not admitted intentionally.

2.23 - SEWAGE is the spent water of a community. The preferred term is "wastewater".

2.24 - SEWER shall mean a pipe or conduit that carries wastewater or drainage water.

2.25 - SEWERAGE SYSTEM shall mean the facilities used for the collection, treatment, and disposal of wastewater.

2.26 - SEWER SERVICE CHARGE is a charge levied on users of the wastewater collection and treatment service to recover annual revenues for debt service, replacement costs, and operation and maintenance expenses of said facilities.

2.27 - "SHALL" is mandatory, "MAY" is permissive.

2.28 - SLUG shall mean any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation, and shall adversely affect the collection system and/or performance of the wastewater treatment works.

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

2.30 - STORM DRAIN (sometimes termed Storm Sewer) shall mean a drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.

2.31 - STORM WATER RUNOFF shall mean that portion of the rainfall that is drained into the sewers.

2.32 - SUSPENDED SOLIDS shall mean total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods", and referred to as nonfilterable residue.

2.33 - TREATMENT AUTHORITY shall mean Pell Lake Sanitary District, No. 1.

2.34 - UNPOLLUTED WATER is water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.

2.35 - USER CHARGE is a charge levied on users of the wastewater collection and treatment facilities for payment of operation and maintenance costs of said facilities.

2.36 - WASTEWATER shall mean the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and storm water that may be present.

2.37 - WASTEWATER COLLECTION FACILITIES (or wastewater collection system) shall mean the equipment required to collect and carry away domestic and industrial wastewater.

2.38 - WASTEWATER TREATMENT FACILITY shall mean the arrangement of devices and structures for treating wastewater, industrial wastes, and sludge.

2.39 - WATERCOURSE shall mean a natural or artificial channel for the passage of water, either continuously or intermittently.

2.40 - WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES) PERMIT is a document issued by the Wisconsin State Department of Natural Resources which establishes effluent limitation and monitoring requirements for the regional wastewater treatment facility. WPDES Permit and modifications thereof pertain to the Pell Lake Sanitary District, No. 1 wastewater treatment facility.

SECTION 3. USE OF PUBLIC SEWERS.

3.1 - SANITARY SEWERS. No person(s) shall discharge or cause to be discharged any unpolluted waters such as storm water, groundwater, roof runoff, subsurface drainage, or cooling water to any sanitary sewer of the District. Storm water runoff from limited areas, which may be polluted at times, may be discharged to the sanitary sewers by permission of the Commission.

3.2 - STORM SEWERS. Storm water, other than that exempted under paragraph 3.1, Section 3, and all other unpolluted drainage, shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Commission and other regulatory agencies. Unpolluted cooling water or process waters may be discharged into a storm sewer, combined sewer or natural outlet with the Commission's approval.

3.3 - PROHIBITIONS AND LIMITATION. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer of the District:

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

B. Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment or sludge disposal process, constitute a hazard to humans or animals, or create a public nuisance in the receiving waters of the wastewater treatment facility.

C. Any waters or wastes having a pH lower than 5.5 or having other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater collection and treatment facilities.

D. Any waters or wastes having a pH in excess of 9.0.

E. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in public sewers or other interference with the proper operation of the wastewater collection and treatment facilities, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, paper or cloth diapers, cups, milk containers, etc., either whole or ground by garbage grinders.

F. The District shall comply with all the requirements of the WPDES Permit of the Treatment Authority and of all modifications thereof. No discharge shall be allowed into the sanitary sewers that is in violation of the requirements of the WPDES permit and the modifications thereof.

G. All waters or wastes entering the system of the District shall be subject to all of the provisions of the applicable wastewater control ordinance of the treatment authority.

3.4 - SPECIAL ARRANGEMENTS. No statement contained in this subsection shall be construed as prohibiting any special agreement between the Commission and any person whereby an industrial waste of unusual strength or character may be admitted to the wastewater collection and treatment facilities, either before or after pretreatment, provided that there is no impairment of the functioning of the wastewater collection and treatment facilities by reason of the admission of such wastes, and no extra costs are incurred by the District without recompense by the person, and further provided that all rates and provisions set forth in these Rules and Regulations are recognized and adhered to, and being further subject to conditions and rates as prescribed by the treatment authority.

3.5 - SEPTIC TANK AND HOLDING TANK DISPOSAL. No person in the business of gathering and disposing of septic tank sludge or holding tank sewage shall transfer such material into any disposal area or sewer manhole located within the District boundaries.

3.6 - NEW CONNECTIONS. New connections to the District's sanitary sewer system will not be allowed if there is insufficient capacity in any of the downstream wastewater collection facilities or in the treatment capacity of the Pell Lake treatment plant.

3.7 - USE OF THE PUBLIC SEWER REQUIRED.

A. It shall be unlawful for any person to place, deposit or permit to be deposited upon public or private property within the District or in any area under the jurisdiction of said District, any human or animal excrement (other than the normal type of fertilizer), garbage or other objectionable waste.

B. It shall be unlawful to discharge to any natural outlet within the District, or in any area under the jurisdiction of the District, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with an order of the said District and the Plumbing and Drainage Code in force in the District.

C. The owner of any house, building or property used for human habitation, occupancy or employment or for carrying on any trade or business on a continuing basis situated within the District and abutting on any street, alley or right-of-way in which a public sewer is located, or in which the extension of the public sewer may be deemed feasible by the Commission, is hereby required at his expense to install suitable waste-water facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within ninety (90) days after date of official notice to do so. Absent any extraordinary conditions, any building which may be connected to the sewer line with a lateral up to 300 feet long shall be declared a feasible connection.

D. The maintenance and use of outhouses, vault privies, septic systems, holding tanks and other private waste water collection systems are hereby declared to be a public nuisance and a health hazard. Any such systems not in conformity with the requirements of this ordinance, shall be abandoned, caved in and filled, within thirty (30) days of connection to public sanitary sewers as provided in Section 3.7 C.

E. PLUMBER'S LICENSE. No person, firm or corporation shall carry on the business of plumbing or installation of plumbing or sewer connections or drain laying or do or perform any such work within the limits of the District, until he, they or it, shall have first obtained the Plumber's License prescribed by the Department of Industry, Labor & Human Relations, as required by law and shall exhibit said license to the Plumbing Inspector of the District.

3.8 - BUILDING SEWERS AND CONNECTIONS.

A. Supervision and Inspection. The Plumbing Inspector of the District or his designee shall act as Inspector under the direction of the Commission and shall have control of the supervision and inspection of drainage, drain laying and sewer connections and the authority to enforce all laws, ordinances of the District and rules in relation thereto.

B. Opening Public Sewer Prohibited. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a "digging" permit from the Inspector.

C. Connection Permit Required. No connections shall be made to any of the sewers of the District from any building, premises, excavation place or property of any kind whatsoever by any drain, tap or sewer intended or designed to, or capable of, discharging any matter, whether fluid or solid, into the sewers of the District unless a sewer connection permit has first been issued therefor by the inspector.

D. Application and Fees. The applicant for a sewer connection permit shall file a written application for such permit with the said Inspector for his approval. Before the Inspector shall issue such permit or approve the application so filed with him, he shall collect the standard fee from the applicant to cover inspection costs, and he shall inspect the premises covered by the application.

E. Inspection of Connection. The applicant for the building sewer permit shall notify the plumbing inspector when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the inspector.

F. Connections. No permit shall be issued to connect with the public sanitary sewer any excavation or open basement. No permit shall be issued to connect any building with the Sanitary Sewer until such building is completely enclosed by roof, the outside wall backfilled to established grade, and all sanitary sewer lines within buildings that will be covered by basement floors have been inspected and approved by the Inspector of the District and after the permanent floor is constructed in the basement. For buildings without basements or for mobile home pads the permit shall be issued after the footing and the sub-floor or pad has been constructed.

G. Owner's Liability. All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the District from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

H. Single Connection. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another or on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

I. Old Sewer. Old building sewers may be used in connection with new buildings only when they are found on examination and test by the Inspector to meet all requirements of this ordinance.

J. Sumps and Sump Pumps Required. In all buildings where a foundation drainage system is provided and there is no natural drain for this sub-surface water to drain into, the owner shall provide or build a suitable pit, minimum size fifteen inches (15") diameter by thirty inches (30") deep, to collect all water that may enter the foundation drainage system; also he shall install, operate and maintain a sump pump, cellar drainer or some suitable pump and he shall pump this foundation water to a storm sewer or outside the building to a natural drain, or discharge point at least fifteen (15) feet from the foundation drainage to the sanitary sewer system. It shall be unlawful to willfully allow any sump pit to overflow into the basement floor drain that is connected to the sanitary sewer.

K. Connection Location. The connection of the building sewer into the public sewer shall be made at the wye branch. If no suitable wye branch is available, a neat hole may be cut into the public sewer to receive the building sewer with entry in the downstream direction at an angle of approximately forty-five (45) degrees. The invert of the building sewer at the point of connection shall be at the same or at a higher elevation than the invert of the public sewer. A smooth, neat, watertight joint shall be made by field solvent welding a wye saddle to the public sewer. Special fittings may be used for the connection only when approved by the Inspector. If the public sewer is broken or damaged in any manner by making a connection, the owner shall replace all damaged pipe in the public sewer at their expense.

L. Slope of Sewer. The size and slope of the building sewer shall be subject to the approval of the Inspector, but in no event shall the diameter be less than that required by the State Plumbing Code. The slope of such pipe shall be not less than one-eighth (1/8) inch per foot.

M. Inspection of Disconnected Sewers. Upon disconnection of any system lateral, the person responsible for the disconnection shall cap and seal the lateral and notify the commission of such action. All work relating to the disconnection, except when otherwise permitted by the commission, shall remain uncovered until inspected and approved.

N. Capping Required. All mains and laterals shall be capped and sealed during the construction or re-construction of any building or structure to which they are or will be connected unless otherwise permitted by the commission.

O. Road Restoration. In restoring any street or other public way, the work shall be performed in accord with the requirements of the governmental body with jurisdiction over such street or other public way. Private roads within the District shall be restored to the satisfaction of the owner.

P. Openings Protected. Every plumber must enclose each opening which he may make in the roads, streets, or public ways, with sufficient barriers. Warning lights shall be used and so placed as to warn persons of any such opening. All necessary precautions shall be taken effectively to guard the public from accident or damage to persons or property from the beginning to the end of the work. Plumbers and owners will be held liable for all damages, including costs incurred by the District in defending any action brought against them for damages, and for the costs of any appeal thereon that may result from the neglect of servants, agents, or employees of said plumber or damage to persons, livestock, vehicles, or property of any kind. Any contractor making such an opening shall deposit such security with the governmental unit or private association having jurisdiction over such street or public way in such amount as is required by such governmental unit or private association and shall furnish satisfactory evidence of public liability insurance coverage as required by such governmental unit or private association but not less than $250,000 for injury to one person and $500,000 for one accident, and $100,000 for property damages.

Q. Tapping District Sewer Lines. No person, except a licensed plumber, as herein provided, shall be permitted to tap or make any connection with the general sewerage system or any part thereof. Such information as the Plumbing Inspector, Superintendent, the Commission or its Engineer may have with regard to the location of sewer junctions or slants will be furnished to plumbers, the District assuming no risk as to the accuracy of the same.

R. Materials and Methods of Construction. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating,placing of the pipe, jointing, testing, and backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the District and the Town. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in "Standard Specifications for Sewer and Water Construction in Wisconsin", the most recent edition shall apply.

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

T. Storm and Groundwater Drains. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which is connected directly or indirectly to a sanitary sewer.

In addition to any forfeiture imposed hereby, all existing downspouts or groundwater drains, etc., connected directly or indirectly to a sanitary sewer, must be disconnected within ten (10) days of the date of an official written notice from the Commission. Exceptions to the above shall be made only by the Commission.

U. Adoption of and Conformance to Plumbing Codes.

1) The provisions of the State Plumbing Code issued by the Board of Health of the State of Wisconsin and all amendments or additions thereto in effect at any specified time are incorporated herein by reference with the same force and effect as though full set forth herein; provided, however, that in the event of any conflict between the provisions of the code and this ordinance, the provision which requires the maximum compliance or is the most restrictive shall govern.

2) The connection of the building sewer into the sanitary sewer shall conform to the requirements of the building and plumbing code, or other applicable rules and regulations of the District and the Town or the procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9. All such connections shall be made gas tight and water tight. Any deviations from the prescribed procedures and materials must be approved by the Commission before installation.

V. Barricades: Restoration. All excavations for the building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other property disturbed in the course of the work shall be restored in a manner satisfactory to the Commission and the Town of Bloomfield or the owner, if on private property.

SECTION 4. INDUSTRIAL WASTES.

4.1 - USE OF SYSTEM LIMITED. The initial use of the District's collection system is limited to residential users. There presently is no industry within the District. Discharge of any industrial effluent into the District collection system is prohibited without a permit for the same issued by the District. Said permit shall establish a user charge for the industrial user considering factors such as volume, waste load, waste concentration and treatment costs.

SECTION 5. BASIS FOR SEWER SERVICE CHARGES.

5.1 - BASIS. It is hereby determined and declared to be necessary and conducive to the protection of the public health, safety, welfare, and convenience of the District to levy and collect charges, rentals, or rates of service upon all the lands, lots, and premises served by having connections with the sanitary sewerage system of the District or served by having connections available with the sanitary sewerage system.

5.2 - SET BY COMMISSION. A sewer service charge (user rates) shall be determined by the Commission with categories as set forth herein. Said sewer service charges shall be amended from time to time by the Commission to reflect the correct costs of sewage collection and wastewater treatment.

5.3 - CONNECTION FEES. The wastewater treatment, sewage collection and pumping system constructed by the District was designed with excess capacity to accommodate future growth. In order to equitably apportion the costs incurred by present users in constructing the system between those users and future users, there is hereby established a connection charge to reflect and equitably apportion the District's system investment in reserve capacity among present and future customers. Such connection fee shall be determined and paid before a permit is issued by the Plumbing Inspector.

A. For properties connecting directly to sanitary sewer mains constructed by the District the connection fee shall be based on the following factors:

· Capital contribution of initial users through special assessments; and

· Interest on capital contributions at the rate charged by the District on those special assessments

The connection fee for such new connections shall be calculated according to the following formula:

F₁ = (CF + SA) + [(CF + SA) x R x Y] where:

F₁ = The connection fee.

CF = That portion of the special assessment on initial users calculated on a per connection basis = $600

SA = The local improvements and district special assessments which would have been levied if the property had been a separate, improved parcel at the time of the assessment less the local improvements assessment and district assessment actually levied. (Project Design $740 + Construction $2,000 = $2,740 per “property equivalent unit”.)

R = The weighted average annual interest rate on initial special assessments calculated as 6% times $740 and 1.75% times $2,600, all divided by $3,340, or 2.7%.

Y = The number of days between the date actual sewer service was made available to the property and the date of application divided by 365 days.

B. For properties connecting to Sanitary Sewer mains constructed by or paid for by private developers, the connection fee shall be based on the following factors:

· The estimated cost of constructing the Stage 2 addition to the wastewater treatment facilities (“WWTF”), the need for which is ultimately necessitated by such new connections

· The number of residential unit equivalents designed to be served by those facilities

· Construction cost increases between 1997 and the year in which use of WWTF is first made by a property

The connection fee for such new connections shall be calculated according to the following formula:

F₂ = WT x CCI/CCI(97)

F₂ = The connection fee

WT = $1,909 per RUE (the estimated cost of the Stage 2 WWTF construction per residential unit equivalent)

CCI = The construction cost index, as published by the Engineering News Record in the first January edition of the year that the connection occurs

CCI = The construction cost, indicated as published by the Engineering News Record in the June 16, 1997 edition, namely 5860.36

C. For purposes of the foregoing formula, the Commission shall determine the number of residential unit equivalents (RUE's) attributable to the person requesting sewer connection in accordance with Section 6.1 hereof. The total connection fee shall be the number of RUE's multiplied by the connection charge per RUE as set forth above. This section shall apply to all connections by persons who connect to the District's system subsequent to, the start up date of the sanitary sewer system.

SECTION 6. SEWER SERVICE CHARGES.

6.1 - USER CHARGES. Sewer service (user) charges are hereby established by the Commission on the basis of RUE's. The Commission shall apply the methodology set forth in the Pell Lake Sanitary District User Charge System adopted July 1, 1997, in establishing its user charges. Users shall pay monthly user fees based on both a flat fee and a metered fee. Initial users shall pay a quarterly user flat fee of $55.00 for each Residential Unit Equivalent. The following unit determination shall be used.

UNIT DETERMINATION

Definition: One Unit = One Residential Home = Three People = 192 Gallons Per Day.

CLASSIFICATION UNIT OF VALUE*

1. Single Family Residence One Unit

2. Duplex Two Units

3. Apartments One Unit Per Apartment

4. General Business One Unit Per 25 Employees

5. Shopping Center One Unit Per 4,000 sq.ft. of

Floor Space

6. Supermarket One Unit per 4,000 sq. ft. of

Floor Space

7. Motel One Unit = Bed Space x % of Occupancy

A. With Laundry One Unit = Bed Space x % of Occupancy

8. Bowling Alley with Bar 0.50 Units Per Alley

9. Service Station or Garage One Unit

10. Country Club One Unit Per 25 Members

11. School

A. With Meals Served One Unit Per 15 Students

B. With Meals & Showers One Unit Per 12 Students

12. Churches One Unit

13. Tavern One Unit Per 40 Seats

14. Restaurants

A. Standard Restaurant One Unit = Seating Capacity

B. Drive-in or Short Order One Unit = Seating Capacity

C. Restaurant with One Bar One Unit = Seating Capacity

D. Restaurant with Two Bars One Unit = Seating Capacity

E. Restaurant with Three Bars One Unit = Seating Capacity

15. Other Cases To Be Determined by Sanitary District Commissioners

* No Classification Will Receive Less Than One Unit.

Initial users shall also pay a metered fee. Metered fees shall be based on the water meter readings. The metered fee shall be $2.75 per 1000 gallons of water used.

6.2 - OPERATION, MAINTENANCE, AND REPLACEMENT FUND ACCOUNTS. The annual replacement revenues shall be maintained in a separate account by the District to be used solely for the purpose of purchasing replacement parts and/or equipment.

SECTION 7. BILLING PRACTICE.

7.1 - CALCULATION OF SEWER SERVICE CHARGES. Sewer service charges that shall be assessed to District Sewer users shall be computed by the District according to the rates and formulas presented in Section 6 of these Rules and Regulations.

7.2 - SEWER SERVICE CHARGE BILLING PERIOD. Sewer service charges shall be billed quarterly.

7.3 - PAYMENT OF SEWER SERVICE CHARGES. Sewer service charges billed by the District shall be paid by the 15th of the month following the billing date and shall be a debt due the District and a lien upon the property. Any charges not paid by the due date shall be deemed delinquent and shall be subject to a late payment charge of ten percent (10%) of the total sewer charge and may thereafter be collected as provided by law, including, but not limited to, being placed on the next year's tax roll as a special assessment as provided in Section 66.069 Wis. Stats. In such case, the District shall cause notice to be sent to the delinquent user on October 15 stating the total amount of the delinquency, including late charges; and further, that if the amount is not paid by November 1, a penalty of ten percent (10%) shall be added and that unless the same is paid by November 15, the delinquent amount, plus any penalties, will be levied as a special tax against the property served. Thereafter, the special tax shall bear interest at the rate of one percent (1%) for each month or fraction thereof and an additional one-half of one percent (0.5%) penalty assessment for each month or fraction thereof until payment is made.

A change of ownership or occupancy of the premises found delinquent shall not be cause for reducing or eliminating charges and penalties.

7.4 - REASSIGNMENT OF SEWER USERS. The Commission shall reassign sewer users into appropriate sewer service charge categories if wastewater flow monitoring and sampling programs or other related information indicate a change of categories is necessary.

7.5 - CHARGE FOR TOXIC POLLUTANTS. Any person discharging toxic pollutants which cause an increase in the cost of treatment or of managing the effluent or sludge from the treatment authority's wastewater treatment facility shall pay for such increased costs as may be determined by the Commission in addition to any forfeiture which may be imposed therefor.

SECTION 8. AUDIT, NOTIFICATION AND RECORDS.

8.1 - BIENNIAL AUDIT. The Commission shall review annually the wastewater contribution of its sewer users, the operation and maintenance expenses of the wastewater collection and treatment facilities and the sewer service charge system, if necessary, to accomplish the following:

A. Maintain a proportionate distribution of operation and maintenance expenses among sewer users based on the wastewater volume and pollutant loadings discharged by the users.

B. Generate sufficient revenues to pay the operation and maintenance expenses of the wastewater collection and treatment facilities.

C. Apply excess revenues collected from a class of users to the operation and maintenance expenses attributable to the class of users for the next year and adjust the sewer service charge rates accordingly.

8.2 - ANNUAL NOTIFICATIONS. The Commission shall notify its sewer users annually as to the sewer service charge rates. The notification shall show what portion of the rates are attributable to the operation and maintenance expenses and any debt service costs of the wastewater collection and of treatment by the Town of Bloomfield. The notification shall occur in conjunction with the adoption of a budget for the ensuing year in accordance with Sec. 65.90 Wis. Stats.

8.3 - RECORDS. The Commission shall maintain records regarding wastewater flows, costs of the wastewater collection and treatment facilities, sampling programs and other information which is necessary to document compliance with 40 CFR 35, Subpart E of the Clean Water Act.

SECTION 9. RIGHT OF ENTRY, SAFETY AND IDENTIFICATION.

9.1 - RIGHT OF ENTRY. The Commission and other duly authorized employees of the District, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation, or testing, all in accordance with the provisions of these Rules and Regulations and Sec. 66.122, Wisconsin Statutes.

9.2 - RIGHT TO ENTER EASEMENTS. The Commission or other duly authorized employees of the District, bearing proper credentials and identification, shall be permitted to enter all private properties through which the District holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement, all subject to the terms, if any, of the easement.

9.3 - ACQUISITION OF EASEMENTS AND BUILDING SITES. The Commission shall have the power to purchase and acquire for the District all real and personal property which may be necessary for the construction of the sewer system, and for any repair, remodeling, or addi