HomeMy WebLinkAbout31615 / 81-05.
November 19, 1981
Second Reading
li $ RESOLUTIOv
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING SECTIONS 24-6.i THRU
24-6.11 AND RECREATING SECTIONS 26-6.1 THRU 24-6.11 OF THE OSHKOSH ML�iICI-
PAL CO➢E REGULATING THE USE OF PUBLZC AND PRIVATE SEWERS tV�iD DRAINS, PRI-
VATE SEWAGE DISPOSAL, THE INSTALLATION AND CO.TNECTION OF BUILDIfiG SEt7�RS,
THE DISCHARGE OF WATERS AND WASTES INTO THE FUBLICLY OWNED TREATMENT WORKS
SYSTEM, AND PROVIDING PENALTIES FOR VIOLAT.IONS THEREOF; AND LEVYING AND
COLLECTION OF WASTEWATER TREATMENT SERVICE CHARGES, IN THE CITY OF OSHKOSH,
COUNTY OF WINNEBAGO, STATE OF WISCONSIN.
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tiOVII�BER 5, 1981
SEWER USE ORDINP.NCE
# 5 r t1�iPII1NC�
A GEb'ERAL ORDINANC� OF THE CITY OF OSHKOSH FcEPEALING SECTIONS 24-6.1 THRU
'14-6.11 AND RECREATING SECTIONS 24-6.1 THRU 24-6.11 OF THE OSHKOSH MUNICI-
PAL COUE REGi1LATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS, PRI-
VATE S�WAUE DISPOSAL, THE INSTALLATION AND CONNECTION OF BUILDING SETdERS,
THE DISCHARC�; OF WATERS AND WASTES INTO THE PUBLICLY OWNED TREATPfENT WORKS
SYSTEM, A1D PROVIDING PENALTIES FOR VIOLATIOHS TAEREOF; AND LEVYING AND
COLLECTION OF WASTEWATER TREATMENT SERVICE CHARGES, IN THE CITY OF OSH-
KOSH, COUPITY OF WINNEBAGO, STATE OF WISCONSIN.
The Comnon Council of the City of. Oshkosh do ordain as follows:
SECTION 1. That Section 24-6.1 �hru 24-6.11 of the Oshkosh Municipal
Code is hereby repealed.
SECTION 2. That Section 24-6.1 thru 2/i-6.11 is hereby recreated to
read as fol_lows:
SECTION 24-6.1 - DEFINITtONS.
Unless the context of this Ordinance specifically indicates otherwise,
the meaning of terms used herein shall be as follows:
(1) ACT - Federal Water Pollution Control Act, also known as the C1ean
Water Ac.t of 1977, as amended.
(2) APPROVING AUTHORITY or "AUTHOEITY" - The City Manager of the City
of Oshkosh; or his duly authorized deputy, agent or representative.
(3) AUTHORIZF.D REPRESENTATIVE OF AN INDUSTRIAL USER -
(A) A principal executive officer of at least the level of
vice president if a Corporation,
(B) A general partner or proprietor if the industry is a
partnership or sole proprietorship, or
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(C) A duly authorized representative uf the lndividual designated
in (1) oc (2) above, if such representative is responsible
for the overall operation of the facility from which the
discharge originates.
(4) "B.O.D." or " BIOCHEMICAL OXYGEN DEMAND" - The quantity of oxygen
expressed in milligra;,s per liter, utilized in the biochemical oxidation of
organic matter under standard laboratory procedure for five (5) days at 20
degrees Centigrade.
(5) HUILDING DRAIN - That part of the lowest piping of a drainage
system which receives the discharge from soil, waste, and other drainage
pipes inside the ualls of the building and conveys it to the building
sewer, beginning five (5) feet (1.5 meters) outside the inner face of the
building wall.
(6) BUILDING SEWER - The extensio❑ from the building drain to the
public seuer or other place of disposal, also called house connection.
(7) CITY - The City of Oshkosh, Winnebago County, Wisconsin.
(8) COMBINED SEWER - A sewer intended to receive both wastewater and
storm or surface water.
(9) CHLORINE REQUIREMENT - The amount of chlorine, in milligrams per
liier, which must be added to sewage to produce a specified residual
chlorine content in acoordance with procedures set forth in "Standard
Methods". ,
0.� DISCHARGER - Any person or Industrial user discharging water or
wastes to the Publicly Owned Treatment Works System.
(lv EASEMENT - An acquired legal right of the specific use of land
owned by others.
(12) EPA - The U.S. Environmental Protection Agency, or Where
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appropriate the term may also be used as a designation for the
administrator or other duly authorized official of said agency.
(L� FLOATABLE OIL — Oil, fat, or grease in a physical state such that
it uill separate by gravity from uastewater 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 interfer.e with
the collection system.
(14 GARBAGE — Any solid wastes or residue from the preparation,
cooking or dispensing of food, or fram the handling, storage or sale of
food products or produce.
(l� GREASE AND OIL — A group of substances including hydrocarbons,
fatty acids, soaps, fats, waxes, oils or any other material that is
extracted by a solvent from an acidified samplA and that is nat volatilized
during the laboratory test procedures. Greases and oils are defined by the
method of their determination in aceordance with "Standard Methods".
C10 GREASE AND OIL OF ANIMAL AND VEGETABLE ORIGIN — Substances t':at
are less readily biodegradeble nature such as are discharged by meatpacking
vegetable oil and fat industries, food processors, canneries restaurants.
Q� GREASE AND OIL MINERAL ORIGIN — Substances that are less readily
biodegradeable than grease and oil of animal or vegetable origin; and are
derived from a petroleum source. Such substances include machinery
lubricating oils, gasoline station wastes, petroleum refinery Nastes,
storage depot uastes. �
a8) INDIRECT DISCHARGE — Introduction of pollutants into a POTW from
any non—domestic source regulated under Section 307(b) or (c) of the Act.
0.9) INDUSTRIAL USER — A source of indirect discharge. Any industrial
or cor,unercial establishment, manufacturing facility or processing facility
that discharges non—domestic wastes to the POTW.
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(2D INTERcERENCE — An inhibition or disruption of the POTW, its
treatment processes 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 POTW's WPDES permit (including an increase in the
magnitude or duration of a violation) or to the preventian of seNage sludge
use or disposal by the POTW.
(7A NATURAL OUTLET — Any outlet, including storm sewers and combined
seWer overflows, into a water—course, pond, ditch, lake or other body of
surface water or groundwaters.
(Z3� 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.
C14) PERSON — Any and all persons, including any individual, firm,
company, municipal or private corporation, partnership associatian,
society, institution, enterprise, governmental agency or other legal entity
or the3r legal representatives, agents or assiyns.
�2� pH — The negative of the logarithm (to the base 10) of the
hydrogen—ion concentration of a solution expressed in gram atoms per liter
of solution. Neutral water, for example, has a pH value of � and a
hydrogen—ion concentration of 10—T.
(2� POTW —"Publ:cly oti+ned treatment works" — A treatment works, as
defined in the Act, which is owned Dy a state or municipality.
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(2� POTW CONTROL AGENCY or "CONTROL AUTHORITY" — The Approving
Authority, as defined by City Ordinance, having jurisdiction over indirect
discharges to and discharges from a POTW. The Approving Authority is the
Oshkosh City Manager or his duly authorized deputy, agent or
representative.
(2� POTW SYSTEM — The wastewater sewage treatment works or facilities
and the sewers and conveyance appurtenances discharging thereto, owned and
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operated by the City of Oshkcsh.
(2� PRETREATMENT — The reduction of the amount of pollutants, the eli—
mination 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 POT41.
(3� PUBLIC SEWER — Any seWer provided by or subject to the ju—
risdiction of the City of Oshkosh. Zt shall also include sewers within or
outside the City boundaries that serve one or more persons and ultimately
discharge into the City sanitary or combined sewer system, even though
those sewers may not have been constructed with City funds.
(3y SANITARY SEWAGE — 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.
(3a SANITARY SEWER — A seuer that carries liquid and water—carried
r+astes from resident, commercial building�, industrial plants, and
institutions, together with minor quantities of ground, storm and surfaoe
waters that are not admitted intentionally.
(33) SEWAGE — The spent uater of a community. The preferred term is
"wastewater".
(34) SEWER — A pipe or conduit that carries wastewater or drainage
water.
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pS) ^SHALL" is mandatory; "MAY" is permissible.
(3bl SLUDGE — Any solid, semi—solid or liquid waste generated from a
municipal, commercial, or industrial wastewater treatment plant, rrater
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
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, � �'.
Act PL 94-580.
(37� SLUG LOADING - Any discharge of Nater or wastewater crhich 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 (2U) hour concentration or flows during
normal operation and shall adversely affect the system and/or performance
of the wastewater treatment works.
(3� STANDARD METHODS - The examination and analytical procedures set
forth in the most recent edition of "Standard Methods for the Examination
of Water, Sewage and Zndustrial Wastes" published jointly by the American
Public Health Association and the Federation of SeNage and Industrial
Wastes Associations.
(3� STORM DRAIN (or "storm sewer") - A drain or sewer for conveying
water, groundwater, subsurface water, or unpolluted xater from any source.
(40) STORMWATER RUNOFF - That portion of the rainfall that is drained
into the sewers.
(4]J SUSPENDED SOLIDS - Solids that either float on the surface of, or
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.
(42) TOXIC POLLUTANT - Those substances referred to in Sectiott 307(a)
of the Act as well as any other known potential substances capable
of producing toxic effects.
�+3) UNPOLLUTED WATER - Water of quality equal to or better than a the
effluent criteria in effect or Water that would not cause violation of
receiving r+ater quality standards and would not be benefited by discharge
to the sanitary sewers and wastewater treatment facilities provided.
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(44) USER — Any person that discharges, causes, or permits the
discharge of wasteuater into the sewerage systen.
(4A WASTEWATER — 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 buildfngs, industrial plants, and institutions.
together with any groundwater, surface water, and stormuater that may be
present.
(4Q WASTEWATER CONSTITUENTS AND CHARACTERISTZCS — The individual
chemical, physical, bacteriological, and radiological parameters, including
voliune, flow rate, and such other parameters that serve to define,
classify, or measure the contents, quality, quantity, and strength of
wastewater.
(47� WATERCOURSE — A natural or artificial channel for the passage of
water either continuously or intermittently.
(4� WPDES — Wisconsin Pollutant Discharge Elimination System
(44� CATEGORY A— Those sanitary sewer �sers who discharge Nastewater
xith concentrations of BODS, suspended solids and phosporus equal to or
less than 210, 3u0 and 12' milligrams per liter (mg/1) respectively.
(50 CATEGORY B— Those sanitary sewer users who discharge wastewater
xith concentrations of BODS or suspended solids or phosphorus more than
210, 3u0 or 12 milligrams per liter (mg/1) respectively.
SECTION 24-6.2 — USE OF THE PUBLIC SEWERS.
(A) Sanitary Sewers.
No person(s) shall discharge or cause to be discharged, any unpolluted
uaters such as stormwater, groundwater, roof runoff, subsurface
drainage, or cooling water to any sanitary sewer, except stormwater
runoff from limited areas, which stormwater may be polluted at times,
may be discharged to the sanitary sewer by permission of the Approving
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Authority.
(B) Storm Seaers.
Stormwater 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 combined sewers or storm sewers or to a
natural outlet approved by the Approving Authority and other regulatory
agencies. Unpolluted industrial cooling water or process waters may be
discharged. on approval of the State of Wisconsin Department of Natural
Resources annd the Approving Authority to a storm sewer, combined
sewer, or natural outlet. No sanitary sewer shall be connected to the
storm sexers.
(C) Prohibitions and Limitations.
Except as hereinafter provided no person(s) shall discharge or cause to
be discharged any of the following described waters or Wastes to any
public sewer.'
(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 uastes, to injure or interfere with the
PO'IW 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
limitations set forth in any ;local, State or National discharge
standards.
(3) Any waters or wastes having a pH loWer than 5.5 or having any
other corrosive property capable of causing damage or hazard to
structures, equipment or personnel of the treatment Works.
(4) Solid or viscous substances which will or may cause obstruction t�
the flow in seWers, or other interference with the proper
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operation of the POTW 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, hair and fleshings, entrails, and paper dishes, cups, milk
containers, etc., either whole or 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
Chromi� (Total)
Copper
Cyanide (Total)
Fluoride
Lead
Mercury
Methylene Blue Active Substances
Nickel
Nitrate Nitrogen
Yhenols
Selenium
Silver
Sulfate
Zinc
3.0
0.10
1.0
0.1
0.05
0.15
300.00
1.0
0.3
0.25
0.10
h
3.00
0.10
0.002ppm
1.0
1.0
20.0
0.2
0.002
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1.0
200.0
0.35
OTHER CONSTITUENTS: Shall not contain other substances
which are or may become injurious or
de[rimental to the POTW.
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(5) Radioactive wastes which exceed 1,000 micro micro—curies, in
the known absence of Strontium 90 and alpha emitters.
(6) The follouing described substances, materials, waters, or Waste
shall be limited in discharge to municipal systems to
concentrations or quantities which will not harm either the
sewe�s, wasteNater treatment process or equipment, will not have
an adverse effect on the receiving stream, or Will not otherwise
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 xastewater
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
Waste or wastewaters discharged to the sanitary sewer Nhich shall
not be violated without approval of the Approving Authority are as
follows:
(a) Wastewater having a temperature higher than 150 degrees
Fahrenheit (65° Centigrade).
(b) WasteNater containing more than 25,milligrams per liter of
petroleiun oil, nonbiodegradable cutting oils, grease or other
products of mineral oil orgin.
(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
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particle greater Lhan 1/2 inch in any direction. Garbage
grinders may be connected to sanitary 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
conscmiption on the premises or when served by caterers.
(e) Any waters or wastes containing iron, chromium, copper, zinc,
and similar objectionable or toxic substances to such degree
that any such material received in the composite wastewater
at the r+astewater treatment plant exceeds the limits
established by the Approving Authorities far such materials.
(f) My Naters or wastes containing color producing or odor—
producing substances exceeding limiGs which may be
established by the Approving Authority.
(g) Any radioactive Nastes or 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) Quantities 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 empl,oyed, or are amenable to treatment
only to such degree that the wastewater treatment plant
effluent cannot meet the requirements of other agencies
having jurisdiction over discharge to the receiving waters.
(j) Any water or wastes which, by interaction with other water or
wastes in the public sewer system, releases obnoxious gases,
form suspended solids which interfere with the collectio❑
system, or create a condition deleterious to structures and
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treatment processes.
(k) Materials Which exert or cause:
(1) Unusual BOD, chemical oxygen demand or chlorine
requirements in such quantities as to constitute an
excessive load on the Wastewater Treatment Plant, in the
op3nion of the Approving Authority.
(2) Unusual volume of flow or concentration of wastes
constituting "slug loading" as defined herein.
(3) Unusual 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)
(4) Excessive discoloration (such as, but not limited to dye
wastes and vegetable tanning solutions).
(D) Dilution.
No Discharger shall use potable water, cooling water or process water
in any way, nor mix separate waste streams for the purpose of diluting
a discharge as a partial or complete substitute for adequate treatment
to achieve compliance with the standards set forth in this Ordinance.
SECTION 24-6.2-1 SPECIAL ARRANGEMENTS.
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No statement contained in Section 24-6.2 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 sewage disposal works,
either before or after pre-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 uithout
recompense by the person.
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SECTION 24-6.3 CONTROL OF INDUSTRIAL WASTES.
(A) Submission of Basic Data.
Within 90 days after passage of this Ordinance, each industrial
discharger shall file with the Wastewater Utility an Industrial Wastes
Questionnaire, to be furnished by the Utility, which shall supply
pertinent data, including estimated quantity of wastewater flow,
wasteuater characteristics and constituents, plant operational char—
acteristics and other pertinent information requested by the Utility
with respect to the industrial production processes and wastes, and
shall obtain a Wastewater Discharge Permit under the provisions of
Section 24-6.3(L) of this Ordinance. The questionnaire must be signed
by an authorized representative of the industrial user.
Similarly, each person desiring to make a new connection to a public
sewer for the purpose of discharging industrial wastes shall file with
the Wastewater Utility, an Industrial Wastes Questionnaire, to be
furnished by the Utility, and shall obtain a Wastewater Discharge
Permit.
(B) Extention 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 24-6.3(A), a request for extension of time may be
presented for consideration of the Approving Authority.
(C) Industrial Discharges.
Any Industrial waters or wastes discharged or proposed to be discharged
to the POTW shall meet the requirements of Section 24-6.2(C) of this
Ordinance.
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 as Appendix A hereto, shall be
met by all Dischargers of the regulated industrial categories.
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State requirements and limitations on discharges to the POTW shall be
met by ail industries which are subject to such standards in any
instance in which they are more stringent than Federal requirements and
limitations or those in this or any other applicable ordinance.
The Approving Authority reserves the right to amend this Ordinance to
provide for more stringent limitations or requirements.
ZF any Waters or wastes are discharged, or proposed to be discharged to
the POTW, which uaters 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 Standards or do not meet the State of Wisconsin
requirements and limitations on discharges to the POTW, or which in the
judgment of the Approving Authority, may have deleterious effect upon
the sewage uorks, processes, equipment, or receiving waters, or which
otherwise create a hazard to life, health, or constitute a public
nuisance, the Approving Authority may:
1. Reject the wastes.
2. Require pretreatment to an acceptable condition for discharge to
the public sewers.
3. Require control over the quantities and rates of discharge,
4. Require payment to cover the added cost of handling and treating
the wastes not covered by existing taxes or seNer charges under
the provisions of Sec. 24-6.5(C).
5. Revoke Wastewater Discharge Permit
(D) Monitoring Facilities.
Each Industrial Discharger, when directed by the Approving Authority,
shall provide and maintain at the Discharger's own expense, a
monitoring facility to allow inspection, sampling, and flow measurement
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of each sewer discharge to the POTW. Each monitoring facility shall be
situated on the Discharger's premises, except where such a locatiun
would be impractical or cause undue hardship on the Discharger, the
Authority may concur with the facility being constructed in the public
street or sidewalk area provided that the facility is located so that
access uill not be obstructed by landscaping or parked vehicles. There
shall be ample room in and near each sampling facility to allow
accurate sampling and preparation of samples for analysis. Plans for
the facility and sampling and measuring equipment shall be approved by
the Approving 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 monitoring facilities shall be constructed and maintained in
accordance with all applicable local construction standards and speci—
fications. Construction shall be completed within 720 days of receipt
of plan approval from the Approving Authority.
(E) Measurement of Flow.
The volune of flow used for computing industrial :�aste collection and
treatment charges shall be the metered water consumption of the
Industry as shown in the records of ineter readings maintained by the
City Water Department except as noted in Sections 24-6.3 (G) and
24-6.3 (F>.
(F) Provision for Deductions.
In the event that a person discharging industrial waste into the public
sewers produces evidence satisfactory to the Approving Authority that
a percentage of the total annual vol�une 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 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.
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(G) Meterin� of Waste.
Devices for measuring the volu�e 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. Following approval and installation,
such meters may not be removed Without the consent of the Approving
Authority.
(H) Waste Sampling.
Industrial wastes discharged into the public sewers shall be subject to
periodic sampling, measurement and analysis to determine the true
nature, characteristics, constituents and concentration of said wastes.
The sampling, fluw measuring and analysis shall be done by the
Industry, when required by the Approving Authority. All results,
findings and reports shall be submitted.to the Approving Authority
within 30 days of sampling, unless required otherwise by the Authority.
The Authority shall have the right to set up on the Discharger's pro—
perty such devices as are necessary to conduct sampling, inspection, or
flow monitoring operations.
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 are to be determined on an individual basis subject to
approval by the Approving Authority.
The Approving Authority may inspect the monitoring facilities of any
industrial waste discharger to determine canpliance with the require—
ments of this Ordinance. The Discharger shall allow the Approving
Authority or its representatives, upon presentation of credentials of
identification, to enter upon the premises of the Discharger for the
purposes of inspection, sampling, or records examination.
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Should the industrial waste discharger at any time, for any reason,
refuse 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.
(I) Pretreatment.
Where required, in the opinion of the Approving Authority, to modify �r
eliminate wastes that interfere with the operation of the POTW, or with
the use or disposal of sludge, or are harmful 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 treatment works and adversely effect the receiving stream
or the environment, or that uill endanger life, limb, public property,
or constitute a nuisance, the industrial discharger shall provide at
his expense, such preliminary treatment or processing facilities as may
be determined required to render the industrial wastes acceptable for
admission to the public sewers.
Any industry requiring pretreatment shall meet the Compliance Schedule
for installing pretreatment facilities and mPeting pretreatment
standards, as set forth by the Approving Authority.
(J) Grease and/or Sand Interceptors.
Grease, oil, and sand interceptors shall be provided when, in the
opinion of the Approving Authority they are necesszry for the proper
handling of liquid uastes containing floatable grease in excessive
amounts, as specified in Sectioq 24-6.2(C), or any flammable uastes,
sand, or other harmful ingredients; except that such interceptors shall
not be required for private living quarters or 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 proper removal and disposal.
by appropriate means, of the captured material and shall maintain
records of the dates, and means of disposal which are subject to review
by the Approving Authority. My removal and hauling of the coliected
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materials not performed by owner(s)' persunnel must be performed by
currently licensed waste disposal firms.
(K) Analysis.
All measurements, tests, and analyses of the characteristics of waters
and wastes to Which reference is made in this Ordinance shall be deter—
mined in accordance with the analytical procedures described in Chapter
NR 219 "Analytical Test Methods and Procedures", Wisconsin
Administrative Code, the most recent edition of "Standard Methods for
the Examination of Water and Wastewater", published by APHA, AWWA,
WPCF, and EPA's "Manual of Methods for Chemical Analysis of Water and
Wastes", 197�.
Determination of the character and concentration of the industrial
wastes shall be made by the person discharging them, or his designated
agent or representative, as required by the Approving Authority. The
City may also make its own analyses on the wastes .aod these deter—
minations shall be binding as a basis for charges, or any other action
required under this Ordinance. The Discharger shall allow the
Approving Authority or his representatives to split any wastewater
samples taken by the Discharger.
(L) IJastewater Discharge Permit.
No person shall discharge or cause to be discharged into the public
sewers, any industrial wastes, except upon application to the
Wastewater Utility and upon receipt of a Wastewater Discharge Permit.
A Wastewater Discharge Permit shall be in addition to any other permit
required for connection to the sewer system. The fee required for a
Wastewater Discharge Permit shall be $20.00.
All existing Industrial Waste dischargers connected to or discharging
to the POTW shall obtain a Wastewater Discharge Permit within 90 days
after the effectfve date of this Ordinance. Industrial Waste dischar—
gers shall complete and file with the Wastewater Utility, a permit
application therefor in the form prescribed by the Approving Authority.
Existing Industrial Waste dischargers shall apply for a Wastewater
���
Discharge Permit within 30 days after the effective date of this
Ordinance, and proposed neN Industrial Waste dischargers shall apply at
least 90 days prior to connecting to the POTW.
(M) Permit Modifications.
The Authority reseves the right to amend any Wastewater Discharge
Permit lssued hereunder in order to assure canpliance by the Authority
with applicable laws and regulations. Within 9 months of the
promulgation of a National Categorical Pretreatment Standard, the
Wastewater Discharge Permit of each Discharger subject to such
standards 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
Standards. Where an Industry, subject .to a National Categorical
Pretreatment Standard, has not previously submitted an application for
a Wastewater Discharge Permit as required by Section 24-6.3(L), the
Industry shall apply for a Wastewater Discharge Permit from the
Authority within 180 days after the promulgation of the Applicab?e
National Categorical Pret�eatment Standard by the U.S. EPA. In
addition, the Industry with an existing Wastewater Discharge Permit
shall submit to the Authority within 180 days after the promulgation of
an applicable National Categorical Pretreatment Standard, the informa—
tion required by Section 24-6.3(4) of this Ordinance. The Industry
shall be informed of any proposed changes in the permit at least 3�
days prior to the effective date of change. Any changes or new
conditions in the permit shall inc�ude a reasonable time schedule for
canpliance.
Permitholders shall apply for permit reissuance a minimum of 180 days
prior to the expiration of the users existing permit.
(N) Permits Duration.
All Wastewater Discharge Permits shall be issued for a 24 month period,
subject to amendment or revocation as provided in this Ordinance.
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Under special circianstances, a permit may be issued for a period other
Lhan 24 months or may be stated to expire on a specific date.
(0) Limitations on Permit Transfer.
Wastewater Discharge Permits are issued to a specific Discharger for a
specific operation and are not assignable to another Discharger without
the prior written approval of the Approving Authority, or transferrable
to any other location.
(P) Submission of Information.
Plans, specifications and any other pertinent information relating to
proposed floW equalization, pretreatment or processing facilities shall
be submitted for review of the Approving Authority prior to the start
of their construetion if the effluent from such facilities is to be
discharged into the public sewers.
(Q) Reporting Requirements. •
Within 180 days after the promulgation of a Pretreatment Standard,
existing Industrial Users subject to such Pretreatment Standards and
currently discharging or scheduled to discharge into the POTW will be
required to submit to the Authority a report which contains the
information listed from (1) to (7) belou. New Industries shall be
required to submit to the Authority a report which contains the
information listed from (1) to (5) below:
(t) The name and address of the Industrial User;
(2) The location of such Industrial User;
(3) The nature, average rate of production and Standard Industrial
Classification of the operation(s) carried out by such Industrial
User;
(4) The average and maxim�n flow of the discharge from such Zndustrial
User and identification of the applicable Pretreatment Standards
and Requirements.
—20—
(5) 7'he nature and concentration of pallutants in the discharge from
each regulated process from such Industrial User and identifi-
cation of the applicable Pretreatment Standards and Requirements.
The concentration shall be reported as a maximum or average level
as provided for in the appropriate Pretreatment Standard. If an
equivalent concentration limit has been calculated in accordance
with the Pretreatment Standard, this adjusted concentration limit
shall also be submitted to the Authority for approval.
(6) A statement, revieued by an authorized representative of the
Industrial User and certified to by a qualified professional,
indicating Whether Pretreatment
consistent basis and, if not,
maintenance and/or additional
Industrial User to meet th
Requirements; and
Standards are being met on a
whether additional operation and
pretreatment is required for the
e Pretreatment Standards and
(7) If additional pretreatment and/or operation and maintenance will
be required to meet the Pretreatment Standards, the shortest
schedule by which the Industrial User will provide such additia�al
pretreatment. the canpletion date in this schedule shall not be
later than the compliance date established for the applicable
Pretreatment Standard. The compliance schedule shall meet the
requirements of Section 24-6.3(U) of this Ordinance.
(R) Compliance Report.
Within 90 days fo2lowing the date for final compliance by the Industry
xith applicable Pretreatment Standards, in the case of a new Industrial
discharBer, or �� days following commencement of the introduction of
wastexater into the POTW, any Industrial User subject to Pretreatment
Standards or Requirements shall submit to the Authority a 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
Pretreatment Standards or Requirements are being met on a consistent
basis and, if not, r+hat additional operation and maintenance and/or
-21-
pretreatment is necessary to bring the Discharger into compliance wity
the applicable Pretreatment Standards or Requirements. This statement
shall be signed by an authorized representative of the industry, and
certified to by a qualified professional.
(S) Periodic Compliance Reports.
Any Industry subjeet to a Preireatment Standard set forth in this
Ordinance, after the compliance date of such Pretreatment Standard, or,
in the case of a New Industry, after commencement of the discharge to
the POTW, shall submit to the Approving Authority during the months of
January and July, unless required more frequently by the City, a report
indicating the nature and concentration of prohibited or regulated
substances in the industrial effluent which are limited by the
Pretreatment Standards hereof. In addition, this report shall include
a record of all measured or estimated average and maximum daily flows
during the reporting period. 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, for good cause, may require the submission of said
reports on months other than those shown aboye.
(T) Permitte� Report Standards.
All reports submitted under the requirements of Section 24-6.3 shall
contain the complete results of the wastewater sampling and analysis,
and floW measurements.
(U) Compliance Schedules. �
(7) Compliance schedules shall contain milestone dates for the com—
mencement and completion of major events leading to the
construction and operation of additional pretreatment 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 appropriate personnel, completing
preliminary plans, completing final plans, executing contract for
_p2_
major components, commencing construction, completing
construction, and all other acts necessary to achieve compliance
uith this Ordinance.
(2) Under no circumstances shall any time increment for any single
major event directed toward compliance exceed 9 months.
(3) Not later than 14 days following each milestone date in the
schedule and the final date for canpliance, the Industry shall
submit a progress report to the City, including no less than a
statement as to whether or not it canplied with the increment of
progress represented by that milestone date and, if not, the date
on xhich it expects to canply 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 9 months elapse between such progress reports to
the City.
(V) Confidential Znformation.
Information and data furnished to the Approving Authority with respect
to the nature and frequency of discharge shall be available to the
public or other governmental agency without restriction unless the
Industry specifically requests and is aDle to demonstrate to the
satisfaction of the Authority that the release of such information
uould divulge information, processes or methods of production entitled
to protection as trade secrets or proprietary information of the
Industry.
�
When requested 6� an Industry furnishing a report, the portions of a
report which may disclose trade secrets or secret processes shall not
be made availab2e for 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 Pretreatment Programs;
provided, however, that such portions of a report shall be available
for use by the State or any state agency in judicial review or
-23-
enforcement proceedings involving the Industry furnishing the report.
WasteNater constituents and c5aracteristics will nat be recognized as
confidential information.
Information accepted by the Approving Authority as confidentlal, 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.
(W) Accidental Discharges.
Each Industry shall provide protection from accidental discharge of
prohibited or regulated materials or substances established by this
Ordinance. Where necessary, facilities to prevent accidental discharge
' of prohibited materials shall be provided and maintained at the
Discharger's cost and expense. When requested 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 canplete its plan and submit same to
the Authority Nithin 90 days of receipt of notice from the Approving
Authority. No Industry which discharges to the POTW shall be permitted
to introduce pollutants into the POTW system until Accidental Discharge
Protection Procedures have been approved by the Authority. Reviea and
approval ot' such plans and operating procedures by the Authority shall
not relieve the Discharger from the responsibility to modify its
facility as necessary to meet the requirements of this Ordinance.
i
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 discharge, date and time thereof, type 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 POTW, in addition to the amount of any
fines imposed on the City on account thereof under State or Federal
_24_
laN.
Signs shall be permanently posted in conspicuous places on the
Industry's premises, advising employees whun to call in the event of a
slug or accidental discharge. Employers shall instruet all employees
xho may cause or discover such a discharge with respect to emergency
notification procedure.
SECTION 24-6.4 BASIS FOR SEWER US£R CHARGES.
(A) Sewer Osers Served By Water Utility Water Meters.
There is hereby levied and assessed upon each lot, parcel of land,
building or premises having a connection With the wastewater system and
being served with water solely by the Nater utility, a wastewater
treatment service charge based, in part, on the quantity of water used
as measured by the water utility water meter used upon the premises.
(H) Sewer users Served By Private Wells.
If any person discharging seWage into the public sanitary sewer system
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, the person shall be required to have water
meters installed for the purpose of determining the volume of water
obtained from these other sources. Where sewage meters are already
installed the water meters will not be required. The water meters
shall be furnished by the water utility and installed under its
supervision, all costs being at the expense of the person requiring the
meter. �
The water utility will charge for each meter, a rental charge set by
the water utility to compensate for the cost of furnishing and
servicing the meter. The rental charge shall be billed at the time the
sewer service charge is billed. The rental charge for water meters are
set at the following established rates:
(NOTE: The water utility should determine and include the rental fee
—25—
for the various sized Water meters at this point in the Ordinance.)
SECTION 24-6.4-1 INDUSTRIAL PAETREATMENT PROGRAM CHARGES
(A) Fixed Program Costs.
All general costs of administering the Industrial Pretreatment Program
will be considered as fixed costs. These costs include Director's
Salary, Program Coordinator�s Salary, Attorney's Fees for
Administrative Assistance, Clerical Salaries, Other Administrative
Wages, Administrative Overhead, Office Equipment, Office Supplies,
and Transportation Costs for Administrative Purposes.
Overhead costs shall include but not necessarily be limited to:
printing costs, mailing costs, publications, advertising, billing, and
computer costs.
(B) Variable Program Costs.
The costs incurred by the city in monitoring the industries will be a
variable cost dependent on the amount of work required for each
industry.
These costs are identified include Surveillance and Inspection Costs
(including transportation), Sampling Labor Salaries, Sampling Equipment
and Supplies, Iaboratory Personnel Salaries, Laboratory Equipment and
Supplies, Sample Analysis, Enforcement Costs, Court Costs, and
Attorneys Fees for Enforcement.
A flat charge, as determined by t�e Approving Authority, for sampling
labor costs will be used for each 24 hour sampling required.
Additional fees will be established by the Approving Authority for
periods of sampling exceeding 24 hours.
Other variable costs to be charged to industries are operation and
maintenance costs, including management, necessitated by either upsets
at the treatment plant or interference with normal sludge processing.
Should any damages occur at the treatment plant or in the collection
-26-
system due to an industrial discharge, these costs would be borne by
the industry causing the danage.
(C) Distribution of Costs.
The fixed costs incurred in administering the Industrial Pretreatment
Program uill be spread evenly among the industries involved in the
program. All variable costs will be direet billed based on the
sampling and laboratory costs involved in monitoring the individual
industries. Each industry will pay only for the costs which are
incurred in monitoring that industry. No industry will pay for any
costs associated with another industry.
SECTION 24-6.5 AMOUNT OF SERVICE CHARGES
(A) 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 milligrams per liter (mg/1)
respectively. The sewer charge for Category A wastewater is as
follows:
Minimum Charge —$1.40 per billing period
Volume Charge —$0.62 per 100 cubic feet
(B) Commercial.
Those commercial establishments which discharge wastes of approximately
the same pollutional strength as domestic sewage will be billed at the
Category A rate as set forth in Section 24-6.5(A). Commercial firms
which discharge wastes exceeding domestic sewage in strength will be
Dilled at the Category B rate as set forth in Section 24-6.5(C).
The decision to sample any or all of the commercial firms shall rest
uith the Approving Authority. Should the results of the sampling
program indicate the firm in question discharges a waste with a
strength less than domestic sewage, the firm will be billed at the
CATEGORY A rate and all cost of the sampling and analysis shall be
_p�_
0
barne 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.
(C) IndustriaL
All industries discharging wastes into the public sanitary sewer system
shall be billed in accordance with the CATEGORY B Wastewater Service
Charge if their wastevaters have organic loadings greater than that of
the domestic concentrations as defined in Section 24-6.5 (A) above.
The volume of flow used for computing the wastewater surcharge shall be
metered water consianption 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 uastes and, BOD, suspended solids, and
phosphorus. The CATEGORY B charge is as follows:
Fixed Charge —$1.40 per billing period
Volwne — $0.235/100 cubic feet
BOD — $0.125/pound
Suspended Solids — $0.035/pound
Phosporus — $1.95/pound
The CATEGORY B charges for volume, BOD, suspended solids and phosphorus
shall be canputed in accordance xith the formula presented below:
C�c(V�CV) +(B x V� x CB x.00624) +
(S x V� x CS x.00624) +(P x V� Cp x.00624)
Where:
C�= Charge to industry for collecting and treating BOD,
suspended solids, and phosphorus.
�
0
B= Concentration of BOD in milligrams per liter (mg/1) in
the industrial wastevater.
S- Concentration of suspended solids in milligrams per liter
(mg/1) Sn the industrial wastewater.
P- Concentration of phosphorus in milligrams per liter
(mg/1) in the industrial wastewater.
V�= Wastewater voliune in 100 cubic feet for the billing
period.
C�= Cost per 100 cubic feet of flow.
CB= Cost per pound of BOD.
CS=' Cost per pound of suspended solids.
Cp= Cost per pound of phosphorus
.00624= Conversion factor
SECTION 24-6.6 BILLING PRACTICE FOR SEWER USER CHARGES
(A) Billing Period.
Sewer user charges shall be billed separately from the water bill on a
quarterly basis.
,
(S) Payment.
Sewer user charges shall be payable on or before the 15th day of each
collection month.
(C) Penalties.
All sewer user charges and applicable surcharges levied in accordance
with the Ordinance shall be a debt due to the City and shall be a lien
upon the property. If this debt is not paid within thirty (30) days
—29—
,
after it shall be due and payable, it shall be deemed delinquent and
may be recovered by civil action in the name of the City agai.nst the
property owner, the person, or both.
In the event of failure to pay sewer user charges or surcharges after
they become delinquent, the City shall have the right to remove or
close sewer connections and enter upon the property for accomplishing
such purpose.
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 the
City against the property ocmer, the person, or both.
Sewer service shall not be restored until all charges, including the
expense of removal, closing and restoratiDn, shall have been paid.
Change of ownership or occupancy of premises found delinquent shall not
be cause for reducing or eliminating these penalties.
SECTION 24-6.6-1 BILLING PRACTICE FOR INDUSTRIAL PRETREATMENT PROGRAM
(A) Billin� Period.
Industrial Pretreatment Program charges shall be billed separately from
the sewer user charges on a quarterly basis.
(B) Payment.
Industrial Pretreatment Program charges shall be payable on or before
the 15th day of each collection month.
(C) Penalties.
Industrial Pretreatment Program charges levied in accordance with the
ordinance shall be a debt due to the City and shall be a lien upon the
property. If this debt is no[ paid within thirty (30) days after it
shall be due and payable, it shall be deemed delinquent and may he
recovered by civil action in the name of the City against the industry,
-30-
the property owner, or both.
In the event of failure to pay Industrial Pretreatment Program charges
after they become delinquent, the City shall have the right to remove
or close sewer connections and enter upon the property for accom—
plishing such purpose.
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 the
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 reduc3ng or eliminating these penalties.
(D) Audits and Adjustments.
The City of Oshkosh shall conduct an annual audit in accordance v.ith
Section 24-6.70 of this Ordinance.
Following the annual audit, on the next quarterly billing all
adjustments shall be made to each industry to reflect actual costs.
The equitability of program costs shall also be checked annually by
inventorying the industrial users subject to the Industrial
Pretreatment Program charges, and prorating any users, by quarter,
Which may have been eliminated or�added to the program.
SECTION 24-6.7 RIGHT OF ENTRY SAFETY AND IDENTIFICATION
(A) Right of Entry.
The City Engineer, Superintendent of the Wastewater Treatment Plant,
Plumbing Supervisor, or other duly authorized representatives or
employees of the City, bearing,proper credentials and identification,
shall be permitted to enter all properties for the purpose of
-37-
�
inspection, observati�n, testing, all in accordance with the provisions
of this Ordinance and Section 196.177 of the Wisconsin Statutes. The
City Engineer or the Superintendent of the Wastewater Treatment Plant,
Plumbing Supervisor, or other duly authorized representatives or
employees of the City shall have no author3ty to inquire into any
process beyond that point having a direct bearing on the kind and
source of discharge to the sewers or waterways or facilities for
wasteuater treatment. If the right of 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) Safety.
While performing the necessary work on private premises referred to in
Section 24-6.� (A), the duly authorized City employees ar
representatives shall obs=rve all safety rules applicable to the
premises established by the canpany and the City shall idemnify the'
company against loss or damage to its property by City Employees and
against the liability claims and demands for personal injury or
property damage asserted against the company and growing out of gauging
and sampling operation, and the City shall idemnify the company against
loss, or damage to its property by City employees; except as such may
be caused by negligence or failure of the company to maintain safe
conditions as required by Section 24-6.3 (D).
(C) Identification. Right to Enter Easements.
The City Engineer, Superintendent of the Wastewater Treatment Plant,
Plumbing Supervisor, or other d�uly authorized representatives or
employees of the City, bearing proper credentials and identification,
shall be permitted to enter all private properties through xhich the
City holds a duly negotiated easement for the purpose of, but not
limited to, inspection, observation, measurement, sampling, repair, and
maintenance of any portion of the POTW System lying within said
easement, all subject to the terms, if any, of the easement agreement.
SECTION 24-6.8 VIOLATIONS AND PENALTIES
-32-
(A) Written Notice of Violation.
Any person found to be violating any pruvision of this Ordinance,
except Section 24-6.6 (B), or Section 24-6.6-1 (B) shall be served by
the City with a written notice 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.
(B) Accidental Discharge.
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 water shall, in addition to
a fine, pay the amount to cover damages, both values to be established
by the Approving Authority.
(C) Continued Violations.
Any person, partnership, or corporation, or 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 $500 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) Liability to City for Losses.
Any person violating any provisions of this Ordinance shall become
liable to the City for any expense, loss, or damage occasioned by
reason of such violation which the City may suffer as a result thereof.
(E) Injunetive Relief.
In addition to all other remedies, the City shall have the authority to
seek injunetive 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
-33-
.
,,. r.
Ordinance.
(F) Annual Publication of Violators.
A list of all indnstrial users which, during the past twelve (12)
months, were signif3cantly in non—compliance with the Pretreatment
Program requirements of this Ordinance shall be published at least
annually,�by the Approving Authority, in the largest daily neNSpaper in
the City. "Significantly in non—compliance" shall refer to violations
which remain uncorrected 45 days after notification of non—compliance.
(G) Right of Appeal.
Any Industry or other discharger or any interested party shall have the
right to request in writing, an interpretation or ruling from the
Approving Authority on any matter covered by this Ordinance and shall
be entitled to a pranpt written reply. In the event that such inquiry
is by an Industry and deals xith 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 the aforesaid writ�en
reply.
(H) Records Retention.
All Industrial Users subject to this Ordinance shall retain and
preserve for no less than seven (7) years, any records, books,
documents, memoranda, reports, correspondence and any and all summaries
thereof, relating to monitoring, sampling and chemical analyses made by
or in behalf of an Industry in connection With its discharge. All
records which pertain to matters which are the subject of
administrative adjustment of any other enforcement or 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 periods of limitation with respect to any and
all appeals have expired.
SECTION 24-6.9 VALZDITY
-3u-
(A) Repeal of Conflicting Ordinance.
i
All ordinances or parts of ordinances or regulations or parts of
regulations inconsistent with or in conflict with this Ordinance are
hereby repealed to the extent of such inconsistency or conflict.
(B) Invalidation Clause.
Invalidity of any section, clause, sentence, paragraph, 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
necessary, but such right will be exercised only after due notice to
all persons concerned and proper hearing on the proposed amendment.
SECTION 24-6.10 ANNUAL AUDIT
(A) The City of Oshkosh shall conduct an annual audit, the purpose of which
shall be to re-establish the equity and adequacy of the user charge
system and Industrial Pretreatment Program charges.
SECTION 24-6.1.1 HFFECTIVE DATE
� � ,
(A) Date of Effect. �r+� 1� f`�ZZ` �
i
l'tJ � � � L �� L(.
This Ordinance shall take effect and be in force and effect on March 2,
1982.
(B) Section 12-2. Date of Enactment. (Approval).
Passed and adopted by the Co�on Council of the City of Oshkosh, in the
County of Winnebago, and the State of Wisconsin, on the day of
1981.
-35-
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