HomeMy WebLinkAbout32988 / 84-06August 2, 1984
FIRST READING
(CARRIED
PURPOSE:
INITIATED BY:
August 16, 1984
Second Reading
LOST LAID OVER
il 6 ORDINANCE
WITHDRAWN )
AMEND SEWER/WASTEWATER ORDINANCE
CITY ADMINISTRATION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING CHAPTER
24 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO WASTEWATER SYSTEMS.
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Chapter 24 - Sewers - of the Oshkosh Municipal Code is
hereby repealed and recreated as "Chapter 24 - Wastewater Systems" and reads
as follows:
(See Exhibit A attached hereto.)
SECTION 2. That this ordinance shall be in full force and effect from
and after its passage and pu6lication.
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' SUBMITTED BY
APPROVED %�Gt�f�t,�L�9u %Ji � tc�'1� !
24-1
24-2
24-3
24-4
24-5
24-6
24-6.1
24-6.2
24-6.3
24-6.4
24-6.5
24-6.6
24-6.7
24-6.8
24-6.9
ORDINANCE # 6
CHAPTER 24
WASTEWATER SYSTEMS
ARTICLE I. WASTEWATER SYSTEMS REGULATZONS
Department of Public Utilities.
Management of Wastewater Utilities.
Construction Work.
Storm watet connections with sanitary sewezs prohibited.
Removal required of existing storm water connection with
sanitary sewers: exception.
Definitions.
Regulation of the wastewater system.
Special arrangements.
Control of Industrial wastewater discharges.
Industtial wastewater dischatge program chacges.
Wastewater service charges.
Right of entry, safety and identification.
Violations and penalties.
Validity.
Annual Audit.
SECTION 24-1
Composition:
SECTION 24-2
ARTICLE I. WASTEWATER SERVICE REGULATIONS.
DEPARTMENT OF PUBLIC UTILITIES.
See Section 2.32 of this Code.
MANAGEMENT OF WASTEWATER UTILITY.
(A) Policy Mattet.
All matters of policy concerning the operation, maintenance,
functioning, expansion and general control of the sewerage utility
and storm sewezs shall be determined by the Common Council.
(B) Administrative Matters.
All mattezs of an administrative or executive nature concerning
the operation, maintenance and functioning of the Sewerage
Utility and storm sewers shall be within the jurisdiction of the
Department of Public Utilities, subject to the control and
management of the City Manager.
SECTION 24-3 CONSTRUCTION WORR.
The Board of Public Works shall supervise actual construction work,
shall report on same to the Common Council and shall follow its
instruction.
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ORDINA�CE # 6
SECTION 24-4 STORM WATER CONNECTZON WITH SANITARY SEWERS PROHIBITED.
No person shall connect any eaves tzough, rain water leader,
downspouts, cistetns, ovetflows, sutface drains, unpolluted water from
air conditioning systems, industrial cooling operations, swimming
pools, or the like, in any manner so as to discharge into any public
sanitary sewer which empties into any sewage ejector or sewage
disposal plant maintained by the City.
SECTION 24-5 REMOVAL REQUIRED OF EXISTING STORM WATER CONNECTION
WITA SANITARY SEWERS: EXCEPTION.
Any person, or any other owner having ownership or title to any
building or structure or area in the City, including residences,
whereon any eaves trough, water leader, downspout, cistecns, over-
flows, surface drains, unpolluted water from ait conditioning systems,
industrial cooling operations, swimming pools, or any other similar
connection is presently attached, which directly or indirectly
discharges into a public sanitary sewer which empties into any sewage
ejector or sewage disposal plant maintained by the City, shall remove
such connection.
SECTION 24-6 DEFINITZONS
Unless the context of this Ordinance specifically indicates otherwise,
the meaning of terms used herein shall be as follows:
(A) ACT - Federal Water Pollution Control Act, also known as the
clean Watec Act of 1977, as amended.
(B) APPROVING AUTHORITY or "AUTHORITY" - The City Manager of the City
of Oshkosh; or his duly authorized deputy, agent or
representative.
(C) AUTHORIZED REPRESENTATIVE OF AN ZNDUSTRIAL USER -
(1) A principal executive officer of at least the level of vice
president of a corporation.
(2) A general partner or proprietor if the industry is a
partnership or sole proptietorship, or
(3) A duly authorized representative of the individual
designated in (A) or (B) above, if such representative is
responsible for the overall operation of the facility from
which the discharge originates.
(D) "B.O.D." OL BIOCHEMICAL OXYGEN DEMAND - The qlldntity Of
oxygenexpressed in milligrams per litet, utilized in the
biochemical oxidation or organic matter under standard laboratory
procedure for five (5) days at 20 degrees Centigrade.
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ORDINANCE # 6
(E) BUILDING DRAIN - The lowest horizontal piping of a drainage
system which receives the discharge of soil, waste and other
drainage pipes inside any building and conveys same to the
building sewer by gravity flow.
(F) BUILDING SEWER -That part of the plumbing system beginning at the
immediate outside foundation or proposed foundation wall to its
connection with the main of a public sewer, private sewer,
private sewage disposal system or other point of disposal.
(G) CITY - The City of Oshkosh, Winnebago County, Wisconsin.
(H) COMBINED SEWER - A sewer intended to receive both wastewater and
storm or surface water.
(I) CHLORINE REQUIREMENTS - The amount of chlorine, in milligrams
per liter, which must be added to sewage to produce a specified
residual chlorine content in accordance with procedures set forth
in "Standard Methods".
(J) CONTROL AGENCY or "CONTROL AUTHORITY" - The Approving Authority,
as defined by City Ordinance, having jurisdiction over indirect
discharges to and discharges from the City's wastewater system.
The Approving Authority is the Oshkosh City Manager or his duly
authorized deputy, agent or representative.
(R) DISCHARGER - Any person or industrial user discharging water or
wastes to the City of Oshkosh wastewater system.
(L) EASEMENT - An acquired legal cight of the specific use of land
owned by others.
(M) EPA - The U.S. Environmental Protection Agency, or where
appropriate, the tetm may also be used as a designation for the
administrator or other duly authorized official of said agency.
(N) FLOATABLE OIL - Oil, fat, or grease in a physical. state such that
it will separate by gravity from wastewater by treatment in an
approved pretreatment facility. A wastewater shall be considered
free of floatable oil if it is properly pretreated and the
wastewater does not intecfere with the collection system.
(0) GARBAGE - Any solid wastes or residue from the preparation,
cooking or dispensing of food, or from the handling, storage or
sale of food products or produce.
(P) GREASE AND OIL - A group of substances including hydiocarbons,
fatty acids, soaps, fats, waxes, oils or any other material that
is extracted by a solvent fzom an acidified sample and that is
not violatilized during the laboratory test procedures. Greases
and oils are defined by the method of their determination in
accordance with "Standard Methods".
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ORDINANCE # 6
(Q) GREASE AND OIL OF ANIMAL AND VEGETABLE ORIGIN - Substances that
are less readily biodegradable nature such as ace discharged by
meatpacking, vegetable oil, and fat industries, food processors,
canneries, and restaurants.
(R) GREASE AND OIL MINERAL ORIGIN - Substances that are less readily
biodegtadable than grease and oil of animal or vegetable origin;
and are derived from a petroleum souzce. Such substances include
machinery lubricating oils, gasoline station wastes, petroleum
refinery wastes, storage depot wastes.
(S) INDIRECT DISCHARGE - introduction of pollutants into the
wastewater system from any non-domestic source regulated under
Section 307(b) or (c) of the Act.
(T) INDUSTRIAL USER - A potential source of indirect discharge.
Any industrial or commercial establishment, manufacturing
facility or processing facility that dischatges non-domestic
wastes to the wastewater system.
(U) INDUSTRIAL WASTEWATER - Shall mean the wastewater from an
industzial process, trade, or business, as distinct from sanitary
_ sewage.
(V) INTERFERENCE - An inhibition or disruption of the wastewatec
system, its treatment process or operations, or its sludge
processes, use or disposal which is a cause of or significantly
contributes to either a violation of any requirement of the City
of Oshkosh's WPDES permit (including an increase in the magnitude
or duration of a violation) or to the ptevention of sewage sludge
use or disposal by the City of Oshkosh.
(W) NATIONAL PRETREATMENT STANDARD OL "PRETREATMENT STANDARD" - Any
EPA regulation containing pollutant discharge limits, promulgated
in accordance with the Act. Includes categories and
prohibitions.
(X) NATURAL OUTLET - Any outlet, including storm sewers and combined
overflows, into a water-course, pond, ditch, lake or other body
of surface water or groundwaters.
(Y) PARTS PER MILLION (ppm) - A weight to weight ratio; the parts per
million value multiplied by the factor 8.345 shall be equivalent
to pounds per million gallons of water.
(Z) PERSON - Any and all persons, including any individual, firm,
company, municipal or private corporation, partnership
association, society, institution, enterprise, governmental
agency oz other legal entity or their legal representatives,
agents or assigns.
(AA) pH - The negative of the logarithm (to the base 10) of the
hydrogen-ion concentration of a solution expresed in gram atoms
per liter of solution. Neutral water for exa�mple, has a pA value
of 7 and a hydrogen-ion concentration of 10- .
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ORDINANCE # 6
(BB) POTSV - PUBLICLY OWNED TREATMENT WORRS - A treatment works, as
defined in the Act, which is owned by the City. This definition
includes any sewers that convey wastewatets to the City's
wastewater system from persons outside the city who are, by
contract ot agreement with the city, users of the City's
wastewater system.
(CC) PRETREATMENT - The reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of
pollutant properties in wastewater prior to or in lieu of
discharge in or otherwise introducing such pollutants into a
wastewater system.
(DD) PUBLIC SEWER - Any sewer provided by or subject to the
jurisdiction of the City of Oshkosh. It shall also include
sewers within or outside the City boundaries that setve one os
more persons and ultimately discharge into the City sanitaty or
combined sewer system, even though those sewers may not have been
constructed with City funds.
(EE) SANITARY SEWAGE - DOMESTIC WASTE -The type of waste normally
discharged from plumbing facilities in private dwellings
including, but not limited to, sanitary, bath, laundry,
dishwashing, garbage disposal and cleaning wastes.
(FF) SANITARY SEWER - A sewer that carries liquid and water-carried
wastes from resident and commercial buildings, industrial plants,
and institutions, together with minor quantities of ground, storm
and surface waters that are not admitted intentionally.
(GG) SEWAGE - The spent water of a community. The preferred term is
"wastewater".
(HH) SEWER - A pipe or conduit that carries wastewater ot drainage
water.
(II) "SHALL" is mandatory; "MAY" is permissible.
(JJ) SLUDGE - Any solid, semi-solid or liquid waste generated from a
municipal, commetcial, or industrial wastewater treatment plant,
water supply treatment plant, or air pollution control facility
or any other waste having similar characteristics and effects as
defined in standards issued under Section 402, 405 of the Federal
Act and in the applicable requirements under Sections 3001, 3004
and 4004 of the Solid Waste Disposal Act PL 94-580.
(RR> SLUG LOADING - 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 15 minutes more
than five (5) times the average 24-hour concenttation or flows
during normal operation and shall adversely affect the system
and/or performance of the wastewater system.
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ORDIVAt�iCE i� 6
(LL) STANDARD METHODS - The examination and analytical procedutes set �
forth in the most recent edition of "Standard Methods for the
Examination of water, Sewage and Industrial Wastes" published
jointly by the American Public Health Association and Federal of
Sewage and Industrial Wastes Associations, Aicerican 69ater Works Association.
(MM) STORM DRAIN or "STORM SEWER" - A drain or sewer for conveying
storm water, groundwater, subsutface water, or unpolluted water
from any source. i
(NN) STORMWATER RUNOFF - That portion of the rainfall that is drained
into the sewers.
(00) SUSPENDED SOLIDS - Solids that either float on the surface of,
oc are in suspension in, water, wastewater, or other liquids, and
that are removable by laboratory filtering as prescribed in
"Standard Methods for Examination of Water and Wastewater" and
are referred to as nonfilterable residue.
(PP) TOXIC POLLUTANT - Those substances referred to in Section 307(a)
of the Act as well as any other known potential substances
capable of producing toxic effects.
(QQ) UNPOLLUTED WATER - Watet 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
benefited by discharge to the sanitaty sewers and wastewater
treatment facilities provided.
(RR) USER - Any person that discharges, causes, or permits the
discharge of wastewater into the wastewater system.
(SS) WASTEWATER - A combination of the liquid and water-carried
wastes from residences, commercial buildings, industrial plants,
and institutions, together with any groundwater, surface water,
and stormwater that may be present.
(TT) WASTEWATER CONSTITUENTS AND CHARACTERISTICS - The individual
chemical, physical, bacteriological, and radiological parameters,
including volume, flow rate, and such other parameters that serve
to define, classify, or measure the contents, quality, and
strength of wastewater.
(UU) WASTEWATER SYSTEt4 - Shall mean the structures, equipment, and
processes required to collect, carry away, and tteat domestic and
industrial wastes and dispose of the effluent.
(VV) WATERCOURSE - A natural or artificial channel for the passage of
water either continuously or intetmittently.
(WW) WPDES - Wisconsin Pollutant Discharge Elimination System.
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ORDINANCE # 6
(XX) CATEGORY A- Those wastewater system users who discharge
wastewater with concentrations of BODS, suspended solids and
phosphorus equal to or less than 210, 340 and 12 milligrams per
liter (mg/1>, respectively.
(YY) CATEGORY B-Those wastewater system users who discharge
wastewatet with concentrations of BOD5, suspended solids, or
phosphorus greater than 210, 340 or 1Z milligrams per liter
(mg/1), respectively.
SECTION 24-6.1 - REGULATION OF THE WASTEWATER SYSTEM
(A) Sanitary Sewers
No person(s) shall discharge or cause to be discharged, any
unpolluted waters such as stormwater, qroundwater, roof runoff,
subsurface dzainage, or cooling water to any sanitacy sewer.
Stocmwater runoff from limited areas, which may be polluted at
times, may be discharged to the sanitary sewer by permission of
the Approving Authority.
(B) Storm Sewers
Stotmwater other than that exempted under Section 24-6.2(A), and
all other unpolluted drainage shall be discharged to such sewers
as are specifically designated as storm sewers or to a natural
outlet approved by the Approving Authority and other regulatory
agencies. Unpolluted industrial cooling water or process watets
may be discharged, on approval of the State of Wisconsin
Department of Natural resources and the Approving Authority to a
storm sewer, or natural outlet. No sanitary sewer shall be
connected to the storm sewers.
(C) c,eneral Discharge Prohibitions
No user shall contribute or cause to be contributed, directly or
indirectly, any pollutant or wastewatec which will interfete with
the operation or performance of the wastewater system. These
general prohibitions apply to all such Users of the wastewater
system whether or not the User is subject to National Categorical
Pretreatment Standards or any other National, State, or local
Pretreatment Standards or Requirements.
(1) Any gasoline, benzine, naptha, fuel oil, or other flammable
or explosive liquid, solid or gas.
(2) 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 the wastewater system or any treatment process,
constitute a hazard to humans or animals or create a public
nuisance in the receiving waters of the wastewater treatment
plant, or to exceed the limitation set forth in any local,
State or National discharge standards.
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ORDINANCE # 6
(3) Any waters or wastes having a pH lower than 5.5 or higher
than 9.0 having any other cozrosive property capable of
causing damage ot hazard to structures, equipment or
personnel of the wastewater system.
(4) Solid or viscous substances which will or may cause
obstruction to the flow in sewers, or other interference
with the proper operation of the wastewater system such as,
but not limited to, ashes, cinders, sand, mud, straw,
shavings, metal, glass, rags, feathers, wax, grease, tar,
plastics, wood, unground garbage, whole blood, paunch
manure, haic and fleshings, entrails, and paper dishes,
cups, milk containers, etc., either whole oz ground by
garbage grinders.
The following chemical substances which exceed the specific
listed concentrations in (mg/1):
Antimony
Arsenic
Barium
Beryllium
Boron
Cadmium
Chloride
Chlorine
Chromium (Total)
Copper
Cyanide (TOtal)
Fluoride
Lead
Mercur�
Methylene Blue Active
Substances
Nickel
Nitrate Nitrogen
Selenium
Silver
Sulfate
Zinc
Phenols
OTHER CONSTITUTENTS:
0.68
0.60
1.0
0.1
0.05
0.015
300.0
1.0
0.80
1.0
0.10
3.0
0.20
0.015 ppm
1.0
1.0
20.0
0.50
0.10
200.00
0.80
0.2
Shall not contain other
substances which are or may
become injurious or detrimental
to the wastewater system.
These local limits are maximums not to be exceeded at any
time and apply to the total discharge from a user
exclusive of sanitary wastewater, uncontaminated
cooling water and dilution water.
(5) Radioactive wastes which exceed 1,000 micro micro-
curies, in the known absence of Strontium 90 and alpha
emitters.
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ORDINANCE # 6
(6) The following described substances, materials, waters,
or waste shall be limited in discharge to the
wastewater system to concentrations or quantities which
will not harm either the sewers, wastewater treatment
process or equipment, will not have an adverse effect
on the receiving stream, or will not othetwise endanger
lives, limb, public property, or constitute a nuisance.
The Approving Authority may set limitations lower than
the limitations established in the regulations below if
in his opinion such more severe limitations are
necessary to meet the above objectives. In forming his
opinion as to the acceptability, the Approving
Authority will give consideration to such factors as
the quantity of subject waste in relation to flows and
velocities in the sewers, materials of construction of
the sewers, the wastewater treatment process employed,
capacity of the wastewater treatment plant, degree of
treatability of the waste in the wastewater treatment
plant, and other pertinent factors. The limitations or
restrictions on materials or characteristics of water
or wastewaters di.scharged to the sanitary sewer which
shall not be violated without approval of the Approving
Authority are as follows:
(a> Wastewater having a temperature higher than 150
degrees Farenheit (65 degrees Centigrade).
(b) Wastewater containing more than 25 milligrams per
liter of petroleum oil, non-biodegradable cutting
oils, grease or other products of mineral oil
origin.
(c) Water or wastewater containing floatable oils, fat
or grease of animal or vegetable origin in excess
of 100 milligrams per liter.
(d) Any garbage that has not been properly shredded,
with no particle greater than 1/2-inch in any
direction. Garbage grinders may be connected to
sanitazy sewers from homes, hotels, institutions,
restaurants, hospitals, catering establishments,
or similar places where garbage originates from
the preparation of food in kitchens for the
purpose of consumption on the premises or when
served by caterers.
(e) Any waters or wastes containing iron, chromium,
copper, zinc, and similar objectionable oc toxic
substances to such degtee that any such material
received in the composite wastewater at the
wastewater treatment plant exceeds the limits
established by the Approving Authotity for such
materials.
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ORDINANCE # 6
(f) Any watets or wastes containing color producing or
odor-producing substances exceeding limits which
may be established by the Approving Authority.
(g) Any radioactive wastes of isotopes of such half-
life or concentration as may exceed limits
established by the Approving Authority in
compliance with applicable State or Federal
regulations.
(h> 4uantities of flow, concentrations, or both which
constitute a"slug loading" as defined herein.
(i) Waters or wastes containing substances which are
not amenable to treatment or reduction by the
wastewater treatment processes employed, or are
amenable to treatment only to such degree that the
wastewater treatment plant effluent cannot meet
the requirements of the agencies having
jurisdiction over discharge to the receiving
waters.
(j) Any watet or wastes which, by interaction with
other water or wastes in the wastewater system,
releases obnoxious gases, form suspended solids
which interfere with the wastewater system, or
create a condition deleterious to structures and
treatment grocesses.
(k) Materials which exert or cause:
(i) Unusual BOD, chemical oxygen demand or
chlorine requirements in such quantities as
to constitute an excessive load on the
wastewater treatment plant, in the opinion of
the Approving Authority.
(ii) Unusual volume of flow or concentration of
wastes constituting "slug loading" as defined
herein.
(iii) IInusual concentrations of inert suspended
solids (such as, but not limited to, fuller's
earth, lime slurries, and lime residues) or
of dissolved solids (such as, but not limited
to, sodium sulfate).
(D) National Categorical Pretreatment Standards
National Categorical Pretreatment Standards as promulgated by the
U.S. Environmental Protection Agency (EPA) pursuant to the Clean
Water Act and amendments thereto, and as adopted by reference,
shall be met by all dischargers of the regulated industrial
categories.
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ORDINANCE # 6
All National Categorical Pretreatment Standards promulgated after
the adoption of this Ordinance shall be included, by reference,
as a part of this Ordinance effective on the date of promulgation
of said Pzetreatment Standards.
(E) $tate Regu?rements
State of Wisconsin requirements and limitations on discharges to
the wastewater system shall be met by all industries which are
subject to such standacds in any instance in which these
requirements and limitations are more stringent than Federal
requirements and those in this or any other applicable ordinance.
(F) R mova� d�
The Approving Authority may allow removal credits in the form of
reduced wastewater requirements for the toxic pollutants zemoved
duxing wastewater treatment on a case by case basis as per
National Categorical pretteatment standards. The benefacting
wastewater service users must pay all additional costs incurred
by the Approving Authority in granting removal credits. The
Approving Authority may rescind all removal credits without
notice.
(G) Fnforcement
If any waters or wastes are discharged, or proposed to be
discharged to the wastewater system, which waters or wastes
contain substances or possess the characteristics enumerated in
Section 24-6.2, or do not meet the requirements and limitations
of applicable National Categorical Pretreatment Standazds or do
not meet the State of Wisconsin requirements and limitations on
discharge to the wastewater system, or which in the judgment of
the Approving Authozity, may have deleterious effect upon the
wastewater system, processes, equipment, or receiving waters, or
which otherwise czeate a hazard to life, health, or constitute a
public nuisance, the Approving Authority may:
(1> Reject the wastes.
(2) Require either self-monitoring, or compliance monitoring in
accordance with a schedule and by methods determined by the
Appzoving Authority.
(3) Require pretreatment to an acceptable condition for
discharge to the public sewers.
(4) Require control over the quantities and rates of discharge.
(5) Require payment to cover the added cost of monitoring,
handling and tteating the wastes not covered by existing
taxes or sewer charges, under the provisions of Section 24-
6.5.
(6) Revoke the Wastewater Discharge Permit.
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ORDINANCE # 6
(H) �rease and/oc Sand rntercegtors
Grease, oil, and sand interceptors, or other treatment equipment
and/or means, shall be provided when, in the opinion of the
Approving Authority they are necessary for the proper handling of
liquid wastes containing floatable grease in excessive amounts,
as specified in Section 24-6.2(C), or any flammable wastes, sand,
or other harmful ingredients; except that such interceptors shall
not be required for private living quarters oz dwelling units.
All interceptors shall be located as to be readily and easily
accessible for cleaning and inspection. In the maintaining of
these interceptors, the owner(s) shall be responsible for the
ptoper removal and disposal, by appropriate means, of the captured
materials and shall maintain records of the dates, and means of
disposal which are subject to review by the Approving Authority.
Any removal and hauling of the collected materials not performed
by owner(s) personnel must be petformed by currently licensed
waste disposal firms.
(I) Dilution
No Discharger shall use potable water, unpolluted water, cooling
water or process water in any way, nor mix separate wastestreams
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 Ordinance.
(J) Accidental D?schargg�
All persons, commercial establishments and industries shall
provide protection from accidental discharge or prohibited or
regulated matezials or substances established by this Ordinance.
Where necessary, facilities to prevent accidental discharge of
prohibited materials shall be provided and maintained at the
potential discharger's cost and expense. When tequested by the
Approving Authority, detailed plans showing facilities and
operating procedures to provide this protection shall be
submitted to the Approving Authority for review, and shall be
approved by the Authority before construction of the facility.
Each existing discharger, when required by the Approving
Authority, shall complete its plan and submit same to the
Authozity within 90 days of receipt of notice from the Approving
Authority. No industry which discharges to the wastewater system
shall be permitted to introduce pollutants into the system until
Accidental Discharge Protection Procedures have been approved by
the Authority. Review and approval of such plans and opetating
procedures by the Authority shall not relieve the Discharger from
the responsibility to modify its facility as necessary to meet
the requitements of this Ordinance.
Industries shall notify the Utilities Superintendent immediately
upon the occurrence of a"slug loading", or accidental discharge
of substances prohibited by this Ordinance. The notification
shall include location of dischazge, date and time thereof, type
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ORDINANCE # 6
of waste, concentration and volume, and corrective actions. Any
industry that discharges a slug load of prohibited materials
shall be liable for any expense, loss or damage to the city, in
addition to the amount of any fines imposed on the City on
account thereof under State or Federal law.
Signs shall be permanently posted in conspicuous places on the
Industry's premises, advising employees whom to call in the event
of a slug or accidental dischatge. Employers shall instruct all
employees who may cause or discover such a discharge with respect
to emergency notification procedure.
SECTION 24-6.2 - SPECIAL ARRANGEMENTS
No statement contained in Section 24-6.1 shall be construed as
prohibiting any special agreement between the City and any person
whereby a waste of unusual strength or character may be admitted to
the wastewater treatment facilities, either before or after pte-
treatment, provided that there is no impairment of the functioning of
the sewage disposal works by reason of the admission of such wastes,
and no extra costs are incurred by the City without recompense by the
person.
SECTION 24-6.3 - CONTROL OF INDUSTRIAL WASTEWATER DISCHARGES
(A) Submission of General Discharge Data
within 90 days after passage of this ordinance, each user
discharging industrial process wastewatet to the wastewater
system, if notified by the Approving Authority, shall be required
to obtain a dischatge permit and file with the Authority an
Industrial Wastewater Discharge Application, to be furnished by
the authority, which shall supply pertinent data, including
estimated quantity of wastewater flow, wastewater
characteristics and constituents, plant operational characterists
and other pertinent information requested with respect to the
industrial ptoduction process and wastes. The questionnaire must
be signed by an authorized representative of the industrial user.
Similarly, each industrial discharger desiring to make a new
connection to the system, or modifying an existing process or
connection to the system, shall be required to file with the
authority a revised industrial Wastewater Discharge Application,
and obtain a new wastewater discharge permit befote connecting to
the wastewater system, or modifying its process or connection.
(B) Gubmission of Federa7 Cateaorical pretreatment Standarda Data
Within 180 days after the promulgation of a Federal Categorical
Pcetreatment Standard, existing industrial users which become
subject to these standards and currently discharging or scheduled
to discharge into the wastewater system will be required to
submit to the Authority a new Industrial Wastewater Discharge
Permit Application, which includes a Baseline Report, to be
furnished by the Authority.
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ORDINANCE # 6
(C) Extension of Time
when it can be demonstrated that circumstances exist which would
create an unreasonable burden on the person to comply with the
time schedule imposed by Section 24-6.4, a request for extension
of time may be presented for consideration of the Approving
Authozity.
(D) Submission of Information
Plans, specifications and any other pertinent information
relating to proposed flow equalization and/or pretreatment of
industrial wastewater shall be submitted for review to the
Approving Authority prior to the start of their construction if
the effluent from such facilities is to be discharged into the
wastewater system.
(E) �onfidential information
Information and data futnished to the Approving Authority with
respect to the nature and freguency of dischatge shall be
available to the public or other governmental agency without
restriction, unless the Industry specifically requests and is
able to demonstrate to the satisfaction of the Authority that the
release of such information would divulge information, processes
or methods of production entitled to protection as trade seccets
or proprietary information of the Industry.
When requested by an Industry furnishing a report, the portions
of a report which may disclose trade sectets or secret processes
shall not be made available foz inspection by the public but
shall be made available upon written request to governmental
agencies for uses related to this Ordinance, the National
Pollutant Discharge Elimination System (NPDES) Permit, WPDES
permit and/or the Industrial Wastewater Programs; provided,
however, that such portions of a report shall be available for
use by the State or any state agency in judicial review of
enforcement proceedings involving the Industry furnishing the
report. Wastewater constituents and characteristics will not be
recognized as confidential information.
Information accepted by the Approving Authority as confidential,
shall not be transmitted to any governmental agency or to the
general public by the Authority until and unless a ten-day
notification is given to the Industry.
(F) Pretreatment
Where required, in the opinion of the Approving Authority, to
modify or eliminate wastes that interfere with the operation of
the wastewater system, or with the use or disposal of sludge, or
are hatmful to the structures, sewers, equipment, processes or
operation of the wastewater treatment works or are otherwise
incompatible with such works, or that pass through the
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ORDINANCE # 6
treatment works and adversely effect the receiving stream or the
environment, or that will endanger life, limb, public property,
or constitute a nuisance, the industrial discharger shall provide
at his expense, such preliminary treatment or pcocessing
facilities as may be determined to be required to rendez the
industrial wastes acceptable foc admission to the public sewers.
Any industry requiring pretreatment shall meet the Compliance
Schedule co�tained in its Wastewater Dischazge Permit for
installing ptetreatment facilities and meeting pretreatment
standards, as set forth by the Approving Authority.
(1) Comnliance Report
Within 90 days following the date for final compliance by an
industry with applicable Pretreatment Standards; other
ordinance limitations, in the case of a new industrial
discharger; or 90 days following commencement of the
introduction of wastewater into the wastewater system, the
Industrial Uset shall submit to the Authozity a new
Wastewater Discharge Permit Application, including a new
Baseline Report indicating the nature and concentration of
all prohibited or regulated substances contained in its
discharge, and the average and maximum daily flow in
gallons. The report shall state whether the applicable
Pcetreatment Standards or other cequirements are being met
on a consistent basis and, if not, what additional operation
and maintenance and/or pretreatment is necessaty to bring
the Discharger into compliance with the applicable
Pretreatment Standards or other requirements.
This statement shall be signed by an authorized
representative of the Industry, and certified by a qualified
professional.
(2) Compliance Schedule
(i) Compliance schedules shall contain milestone dates for
the commencement and completion of major events leading
to the construction and operation of additional
pretteatment required for the Industry to comply with
the requirements of this Ordinance, including, but not
limited to dates relating to hiring an engineer, hiring
other approptiate personnel, completing preliminary
plans, completing final plans, executing contract(s)
for major components, commencing constzuction,
completing construction, and all other acts necessary
to achieve compliance with this Ordinance.
(ii) Under no circumstances shall any time increment for
any single major event directed toward compliance
exceed nine months.
(iii) Not later than 14 days following each milestone date
in the schedule and the final date foc compliance, the
Industry shall submit a progress report to the City,
including no less than a statement as to whether or not
15
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ORDINANCE # 6
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
Industry to return the construction to the approved
Schedule. In no event shall more than nine months
elapse between such progress reports to the City.
(3) Periodic Monitoring Reports
Any industzy subject to a Pretreatment Standard or other
requirement set forth in this Ordinance, after the
compliance date of such standard or requirement, or, in the
case of a new industry, after commencement of the discharge
to the wastewater system, shall allow the Approving
Authority during the months of May and November, unless
required more frequently by the Authority, to monitor the
nature and concentration of prohibited or regulated
substances in the industrial effluent which are limited by
the Pretreatment Standards and/or other requirements hereof.
In addition, if required by the Authority, the Industry
shall prepare a report that shall include a record of all
measured or estimated average and maximum daily flows, and
wastewater discharge constituents during the reporting
period. Flows shall be reported on the basis of actual
measurement, provided however, where cost or feasibility
considerations justify, the Approving Authority may accept
reports of average and maximum flows estimated by verifiable
techniques. The Approving Authority may require the
submission of said reports on months other than those shown
above. The �pproving Authority may also choose to have the
City perform any and all such monitocing, with all costs
being billed to the industry in accordance with this
Ordinance.
(G) Waste Samnlina
All wastes discharged into the public sewers may be subject to
periodic sampling, measurement and analysis to determine the true
nature, characteristics, constituents and concentration of said
wastes. The sampling, flow measuring and analysis may be done by
the City at its option, with all cost being billed to industry in
accordance with this ordinance. All results, findings and
reports shall be submitted to the Approving Authotity within 30
days of sampling, unless required otherwise by the Authority.
The Authority shall have the right to establish on the
Discharger's property such devices as are necessary to conduct
sampling, inspection, or flow monitoring operations.
Industrial wastewatez monitoring shall be conducted in accordance
with the methods and procedures contained in the publication
entitled "City of Oshkosh Industrial Discharge Program Handbook".
The approving Authozity is hereby authorized to maintain and
modify that program Handbook as may be necessary to comply with
State and Federal agencies and/or directives. A current copy of
that Handbook shall be maintained for public reading and copying
16
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ORDINANCE # 6
in accotdance with other applicable ordinances, in the office of
the City Clerk.
Samples shall be collected, handled, and preserved in such a
manner as to be most representative of the waste or process
stream. The sampling procedures shall follow U,S. Environmental
Protection Agency (EPA) approved techniques. Sampling methods,
location, times, durations, and frequencies ate to be determined
on an individual basis by the Approving Authority.
The Approving Authority may inspect the monitoting facilities of
any industrial wastewater discharger to determine compliance with
the requirements of this Ordinance. The Discharger shall allow
the Approving Authority or its representatives, upon presentation
of credentials of identification, to entet upon the ptemises of
the Discharger foc the purposes of inspection, sampling, or
records examination.
Should the industrial waste discharger at any time, for any
reason, cefuse to allow inspection of the records relating to
industrial discharges, then the Approving Authority is hereby
expressly authorized to seek a Special inspection warrant under
Section 66.122 of the Wisconsin Statutes.
(1) Monitoring Facilities
Each person discharging industrial process wastewater shall
provide and maintain at the Discharger's own expense, a
monitoring facility to allow inspection, sampling, and flow
measurement of each wastewater discharge to the wastewatet
system. Each monitoring facility shall be situated on the
Dischargez's premises, except where such a location would be
impcactical or cause undue hardship on the Discharger, the
Authority may concur with the monitoring facility being
constructed in the public street or sidewalk area provided
that the facility is located so that access will not be
obstructed. There shall be ample room in and near each
facility to allow accutate sampling and prepacation of
samples for analysis. Plans for the monitoring facility and
sampling and measuring equipment shall be approved by the
Appzoving Authority prior to commencement of construction.
The facilities, including all equipment and appurtenances,
shall be accessible at all times and shall be maintained at
all times in a safe and proper operating condition at the
expense of the Discharger.
All monitozing facilities shall be constructed and
maintained in accordance with all applicable construction
standards and specifications. Construction shall be
completed within 120 days of teceipt of plan approval from
the Approving Authority.
(2) �ysis
All measurements, tests, and analyses of the characteristics
of waters and wastes to which reference is made in the
Ordinance shall be determined in accordance with the
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ORDINANCE # 6
analytical procedures described in Chapter NR 219
"Analytical Test Methods and Procedures," Wisconsin
Administtative Code, the most tecent edition of "Standard
Methods for the Examination of Water and Wastewater",
published by APHA, AWWA, WPCF, and the most recent edition
of EPA's "Manual of Methods for Chemical Analysis of Water
and Wastes".
Determination of the charactez and concentration of the
industrial wastes shall be the responsibility of the person
discharging them, or his designated agent or representative,
as required by the Appcoving Authority. All costs will be
billed to the Industry in accordance with the methods and
procedures contained in this ordinance. Wastewater service
user or Approving Authority may request split samples.
(H) Wastewater Discharge Permit
No industrial user discharging industrial wastewaters into the
City's wastewater system shall discharge or cause to be
discharged into the wastewater system any wastewater except upon
application to the Approving Authority and upon receipt of a
wastewater petmit. Application foc a wastewater discharge permit
shall be on a form fuinished by the Authority. A wastewater
permit shall be in addition to any other permit required for
connection to the public sanitary sewer system. The fee required
for a wastewater discharge permit shall be 520.00.
All existing industrial wastewater discharges shall apply for a
wastewater discharge permit within 30 days aftet the effective
date of this ordinance, and shall obtain a wastewater permit
within 90 days after the effective date of this Ordinance.
Similarly, each industrial wastewater discharger desiring to make
a new connection, or to modify an existing pzocess or connection
to the wastewater system shall apply for a new wastewater
dischazge petmit, at least 90 days before desiring such
modification or connection and shall receive a pezmit before the
process modification or connection is made to the wastewater
system.
(1) Permit Modifications
The Approving Authority is hereby authorized to amend any
Wastewater Discharge Permit issued hereunder in order to
assure compliance by the Authority with applicable laws and
regulations. Within nine months of the promulgation of a
National Categorical Pretreatment Standard, the Wastewater
Discharge Permit of each Discharger subject to such standard
shall be revised to require compliance with such standards
within the time frame prescribed by such standards. All
National Categorical Pretreatment Standards promulgated
after the adoption of this Ordinance shall be included, by
reference, as a part of this Ordinance effective on the date
of promulgation of the Pretreatment Standard. Where an
existing industrial wastewatec discharger becomes subject to
new National Categorical Pretreatment Standards after
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ORDINANCE # 6
issuance of its original wastewater discharge permit, the
industrial discharger shall, within 180 days of issuance of
the new standazd, apply for a new wastewater discharge
permit from the Approving Authozity. The Industiy shall
then be informed of any pcoposed changes in the existing
pezmit at least 30 days prior to the effective date of
change. Any changes or new conditions in the permit shall
include a reasonable time schedule for compliance.
(2) perm�ts Duration
All wastewater Discharge permits shall be issued for an
unlimited petiod, subject to amendment or revocation as
provided in this Ordinance. Under special circumstances, a
permit may be issued for a specific period, or may be stated
to expire on a specific date.
(3) Lim;tations on Petmit Transfer
Wastewater Discharge Permits are issued to a specific
Discharger for a specific operation and are not assignable
to another Discharger, or transferrable to any other
location, without the priot written approval of the
Approving Authority.
SECTION 24-6.4 - INDUSTRZAL WASTEWATER DISCHARGE PROGRAM CHARGES
(A) Tndustr�-1 pT-stewater Mon�torinq_p�gram Financial Program
The approving Authozity is hereby authorized to establish,
maintain, and modify as necessary, a financial program for
industrial monitoring which meets the requirements of the State
and Federal agencies having jurisdiction over this program. This
financial program shall meet the following objectives:
(1) It shall minimize the cost to all industries included in the
industrial wastewater monitoring program.
(2) It shall insure that all costs associated with the
industrial wastewater monitoring program are borne by the
industries included in this ptogcam in an equitable,
documented manner.
The approving authority shall delineate, and shall keep current,
the methods and procedures associated with this financial
ptogram. These methods and procedures shall be as delineated in
the publication entitled "City of Oshkosh Industrial Wastewater
Discharge Handbook".A copy of this Handbook shall be kept
available for reading and copying in accordance with other
applicable City ordinances in the Director of Public Works'
offices, located in City Hall.
,. - • .- �. ,_ - . �. - .. .n
(1) @11],iIIg Period
Proqram charges shall be billed separately from the sewer
user chatges, semi-annually.
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ORDINANCE # 6
(2) Pavment
Progtam chatges shall be payable on or before the 15th day
of each collection month.
(3) Penalties
Program charges levied in accordance with this Ordinance
shall be a debt due to the City and shall be a lien upon the
property. If this debt is not paid within 30 days after
becoming due and payable, it shall be deemed delinquent and
may be recovered by civil action in the name of the City
against the industry, the property owner, or both.
In the event of failure to pay Program charges after they
become delinquent, the City shall have the tight to remove
or close sewer connections and enter upon the propetty for
accomplishing such putpose.
The expense of such removal or closing, as well as the
expense of restoring service, shall likewise be a debt to
the city and a lien upon the property and may be recovered
by civil action in the name of �he City against the
industry, the property owner, or both.
Sewer service.shall not be restored until all charges,
including the expense of removal, closing and restoration,
shall have been paid.
Change of ownership or occupancy of premises found
delinquent shall not be cause for reducing or eliminating
these penalties.
(E) A„dits and-Adjustments
Audits and adjustments following the annual audit in accordance
with Section 24-6.9; all adjustments shall be made to each
industiy's account to reflect costs on the next semi-annual
billing.
SECTION 24-6.5 - WASTEWATER SERVICE CAARGES
(A) yj�GtA�-''"*Ar s Served b� L•7ater Utility Water Meters
There is hereby levied and assessed upon each lot, pazcel of
land, building or premises having a connection with the
wastewater system and being served with water solely by the water
utility, a wastewater treatment service charge based in part, on
the quantity of water used as measured by the water utility water
metet and used upon the premises.
(g) u?aQrowater Users Served b�Private Wells
There is hereby levied upon any person discharging sewage into
the public sanitary sewer system who procures any part, or all of
his water from sources other than the water utility, all or part
of which is discharged into the public sanitary sewer system, a
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ORDINANCE # 6
wastewater treatment charge. The property owner shall be
requited to have water meters installed for the purpose of
determining the volume of water obtained from these other
sources. The water meter(s> shall be purchased from the water
utility, or be approved by the water utility and installed
according to the water utility rules. All cost of purchasing,
testing, installing and maintenance of the meter shall be the
responsibility of the property owners.
(C) Metering of waste
Devices for measuring the volume of waste discharged may be
required by the Approving Authority if this volume cannot
otherwise be determined from the metered water consumption
records. Metering devices for determining the volume of waste
shall be installed, owned, and maintained by the Discharger and
calibrated annually and the accuracy maintained to the
satisfaction of the Approving Authority. Following approval and
installation, such meters may not be removed without the consent
of the Approving Authority.
(D) Prov� �on fo D d� �on
In the event that a person discharging industrial waste into the
public sewers ptoduces evidence satisfactory to the Approving
Authority that a percentage of the total annual volume of water
used for all purposes does not reach the public sanitary sewer,
then the determination of the water consumption to be used in
computing the waste volume and strength discharged into the
public sanitary sewer may be made a matter of agreement between
the Approving Authority and the person discharging the waste.
Devices for measuring water not discharged to the sanitary sewers
may be required by the Approving Authority.
:i�• � . - - r- -
(1) Domestic
Category A is defined as normal or domestic wastewater
having organic concentrations of biochemical oxygen demand
(BOD), suspended solids and phosphorus no greater than 210,
340 and 12 milligrans per liter (mg/1), respectively. The
sewer charge for Category A wastewater is as follows:
Minimum Charge - 53.40 per billing period
Volume Charge - 50.85 per 100 cubic feet
(a) Summer Sprinkling Rates
The Sewer Utility will adjust the sewage bills for
the months o£ August, September and October, which
represent consumption that occurred during the summer
months. The bills will be based on the average of the
previous three quarters of consumption or upon the
actual consumption, whichever is lower.
The above sewage rates will apply only to those indi-
viduals who have resided at the indicated address for
at least four quarters. Anyone who has not acquired
a full year of water consumption is ineligible for the
summer rates .
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ORDINANCE # 6
Residential customers who do not have the necessary
consumption record referred to above to be eligible
£or the reduced summer sewerage billing may, upon
request to the City Department of Administration, be
granted the summer credit based on either an established
pattern o£ consumption that includes the summer quarter
at a previous Oshkosh address, or acceptable quarters
before and/or after said summer quarterly billing.
Excluded from the summer wat er pollution control
rates are those residences which have installed a
metering device which purports to measure the amount
of water that does not enter the sanitary sewers
(deduct meters). These consumers will be filled on
water consumption that actually enters the sanitary
sewer.
(2) Commercial
Those commercial establishments which discharge wastes of
the same pollutional strength as domestic sewage will be
billed at the Category A rate as set forth in Section 24-
6.5(E)(1). Commercial firms which discharge wastes
exceeding domestic sewage in strength will be billed at the
Category B rate as set forth in Section 24-6.6(E)(3).
The decision to sample any or all of the
shall r�st with the Approving Authority.
of the sampling program indicate the firm
21a
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commercial firms
Should the results
in question
ORDINANCE # 6
discharges a waste with a strength less than domestic
sewage, the fitm wil l be bil led at the Category A rate and
all cost of the sampling and analysis shall be borne by the
firm. If the firm sampled is found to discharge a waste
greater in strength than domestic, that firm shall be billed
at the Category B rate and shall also defray all costs
incurred in sampling and analyzing its wastewater.
(3) Industrial
Industries discharging wastes into the public sanitary sewer
system shall be billed in accordance with the Category B
Wastewater Service charge if theiz wastewaters have net
loadings gzeater than that of the domestic concentrations as
defined in Section 24-6.6(E)(1) above. If the induGtr�a�
monitorin��oaram reG�>>*G �nd;�=*P ? c'ateg�y "B" user
�hargQ less than a Categorv "A" user charge, the Category "A"
charqe will be levied. The volume of flow used for
computing the wastewater surcharge shall be metered water
consumption as shown in records maintained by the Water
Utility, subject to adjustment as otherwise herein provided,
or the actual volume of wastewater as determined by a waste
metering installation.
The Category B Wastewater Service Charge shall reflect the
unit costs of treating the volume of wastes and, BOD,
suspended solids, and phosphorus. The Category B charge is
as follows:
Fixed Charge - 53.40 per billing period
Volume - 30.37/100 cubic feet
BOD - 30.166 pound
Phosphorus - 51.00/pound
The Category B charges for volume, BOD, suspended solids and
phosphorus shall be computed in accordance with the formula
presented below:
C1 = Charge to industry for collecting and treating
BOD, suspended solids, and phosphorus.
B= Concentration of BOD in milligrams per liter (mg/1) in
the industtial wastewater.
S= Concentration of suspended sd ids in milligrams pet liter
(mg/1) in the industtial wastewater.
P= Concentration of phosphorus in milligrams per liter
(mg/1> in the industrial wastewater.
V1 = wastewater volume in 100 cubic feet for the
billing petiod.
�p = Cost per 100 cubic feet of flow.
CB = Cost per pound of BOD.
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(F)
ORDINANCE # 6
Cg = Cost pet pound of suspended solids.
Cp = Cost per pound of phosphorus.
.00624 = Conversion factor.
r. �. - . ,- - - - - �. •-
(1) Billinq Period
ta> Category "A" wastewater treatment charges shall be
billed with the water bill as a pollution charge on a
quarterly basis.
(b) Cateqory "S" wastewater treatment charges shall be
billed as an addition to Category "A" chasges on a
quarterly basis.
(2) Payment
Wastewater treatment charges shall be payable on or before
the 15th day of each collective month.
(3) Collection of Wastewatet Service Charaes
All wastewater user charges and applicable surcharges levied
in accordance with the Ordinance shal l be a debt due to the
city and shall be a lien upon the property. if this debt is
not paid within 30 days after becoming due and payable, it
shall be deemed delinquent and may be recovered by civil
action in the name of the City against the pcoperty owner,
the pezson, oz both.
In the event of failure to pay charges within thirty days'
after billing date, the City shall have the right to remove
or close sewer connections and enter upon the property for
accomplishinq such purpose.
The expense of such removal ot closing, as well as the
expense of restoring service, shall likewise be a debt to
the city and a lien upon the property and may be recovered
by civil action in the name of the City against the property
owner, the person, or both.
Sewer service shall not be restored until all charges,
including the expense of removal, closinq and cestoration,
shall have been paid.
Change of ownership or occupancy of premises found
delinquent shall not be cause for reducinq or eliminating
these penalties.
SECTION 24-6.6 - RIGHT �F ENTRY, SAFETY AND IDENTIFICATION
(A) u;Qbt_of Rntrv
The Director of Public Works, Superintendent of the Wastewater
Tteatment P1anC, Plumbing Supervisor, or other duly authorized
23
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ORDINANCE # 6
representatives or employees of the City, bearing proper
credentials and identification, shall be permitted to enter all
pcoperties for the purpose of inspection, observation, testing,
all in accordance with the provisions of this Ordinance and
Section 196.171 of the Wisconsin Statutes. The Director of
Public Works or Superintendent of the Wastewater Treatment Plant,
Plumbing Supervisor, or other duly authotized representatives or
employees of the City shall have no authority to inquire into any
process beyond that point having a direct bearing on the kind and
source of dischatge to the wastewater system. If the right to
entry as herein specifically granted is refused, then the
Approving Authority is hereby expressly authorized to seek a
Special Inspection Warrant under Section 66.122 of the Wisconsin
Statutes.
(B) Safetv
While petforming the necessary work on private premises referred
to in Section 24-6.7(A), the duly authocized City employees or
representatives shall observe all safety rules applicable to the
premises established by the company and the City shall indemnify
the company against the liability claims and demands for personal
injuty or property damage asserted against the company and
growing out of gauging and sampling operations, and the city
shall indemnify the company against loss, or damage to its
propecty by City employees; except as such may be caused by
negligence or failure of the company to mantain safe conditions
as tequired by Section 24-6.3(D).
(C) Td2IItlfiCfltlOn - Riaht to Enter EaGement�
The Director of Public Works, Superintendent of the Wastewater
Treatment Plant, Plumbing Supervisor, or other duly authorized
representatives or employees of the City, beating pcoper
credentials and identification, shall be permitted to enter all
private properties through which the City holds a duly negotiated
easement for the purpose of, but not limited to, inspection,
observation, measurement, sar�pling, repair, and maintenance of
any portion of the wastewater system lying within said easement,
all subject to the terms, if any, of the easement agceement.
SECTION 24-6.7 - VIOLATIONS AND PENALTIES
(A) wr;rrPn Notice of Violation
Any person found to be violating any provision of this Ordinance,
shall be served by the apptoving Authority with a written Notice
of Violation, stating the nature of the violation and providing a
reasonable time for the satisfactory correction thereof. The
offender shall, within the period of time stated in such notice,
permanently cease all violations.
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ORDINANCE # 6
(B) A�cid n a7 D� ha gg
Any person found to be responsible for accidentally allowing a
deleterious discharge into the sewer system which causes damage
to the treatment facility and/or receiving body of watez shall,
in addition to a fine, pay the amount to cover damages, both
values to be established by the Approving Authority,.American Water
Works Association.
(C) on �n� ri Viola iona
Any person, partnership, or corporation, ot any officer, agent.
or employee thereof, who shall continue any violation beyond the
aforesaid notice time limit provided shall, upon conviction
thereof, forfeit not more than 5500 together with the costs of
prosecution. In default of payment of such forfeiture and costs,
said violator shall be imprisoned in the Winnebago County Jail
for a period not to exceed 30 days. Each day in which any
violation is continued beyond the aforesaid notice time limit
shall be deemed a separate offense.
(D) i.; ab; 1 i y to i t,Y fpr T.OQ4PC
Any petson violating any provision of this Ordinance shall Faecome
liable to the City for any expense, loss, or damage occasioned by
reason of snch violatfon which the City may suffer as a result
thereof.
(E) Tnjunc �on Reti
In addition to all othec temedies, the City shall have the
authority to seek injunctive relief against anyone violating any
of the provisions of this Ordinance and it shall have the
authority to revoke the Wastewater Discharge Permit and require
the violator to disconnect from the sewage system for failure to
comply with any provisions of this Ordinance.
(F) Annual P�b�; a ion o Violaf�re
A list of all industrial users which, during the past 12 months,
wete significantly in non-compliance with the Industrial
Wastewater Discharge Program reqairements of this Ordinance shall
be published at least annually, by the Approving Authority, in
the official publication daily newspaper. "Significantly in non-
compliance" shall refet to violations which remain uncorrected 45
days after notification of non-compliance.
(G) Rjqht of AbDP,��I
Any industry or other discharger or any interested party shall
have the right to cequest, in writing, an interpretation or
rnling from the Approving Authority on any matter covered by this
Ordinance and shall be entitled to a prompt written reply. In
the event that such inquiry is by an Industry and deals with
matters of performance or compliance with this Ordinance, or
deals with a Wastewater Discharge Permit issued pursuant hereto
for which enforcement activity relating to an alleged violation
is the subject, receipt of an Industry's request shall stay all
enforcement proceedings, pending receipt of aforesaid written
zeply.
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ORDINANCE # 6
(H) Records Retention
All Industtial Users subject to this Ordinance shall retain and
preserve for no less than three (3) years, any tecords, books,
documents, memoranda, reports, correspondence and any and all
summaries thereof, relating to monitoring, sampling and chemical
analyses made by or in behalf of an Industry in connection with
its discharge. All records which pertain to matters which are
the subject to administrative adjustment of any other enforcement
oc litigation activities brought by the Approving authority
pursuant hereto, shall be retained and preserved by the Industry
until all enforcement activities have concluded and all peziod of
limitation with respect to any and all appeal have expired.
SECTION 24-6.8 - VALIDITY
(A) �,n a� of Con 1; ing Ord?nance
All ozdinances or parts of ordinances or regulations or pasts of
regulations inconsistent with or in conflict with this Otdinance
are hereby repealed to the extent of such inconsistency or
conflict.
(B) rnva>>dat�on Glause
Invalidity of any section, clause, sentence, paragcaph, word or
provision in this Ordinance shall not affect the validity of any
other section, clause, sentence, paragraph, word, or provision of
this Ordinance which can be given effect without such invalid
part or parts.
(C) Amendment
The City of Oshkosh, through its duly qualified officers,
reserves the right to amend this Ordinance in part or in whole
wherever it may deem necessazy, but such right will be exercised
only after due notice to all persons concerned and proper hearing
on the proposed amendment.
SECTION 24-6.9 - ANNUAL AUDIT
The City of Oshkosh shall conduct an annual audit, the purpose of
which shall be to re-establish the equity and adequacy of the waste-
water Service Charges and of the Industrial Wastewater Discharge
Program charges.
26
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