§ 86-204. General provisions.

(a)

Agreement to Rules and Regulation. All persons now receiving sewerage service from the village or who may hereafter make application for such service or who otherwise receive such service, shall be considered as having agreed to be bound by all of the terms and provisions of this article, as amended from time to time; and such agreement is a condition precedent to the provision of such sewerage service.

(b)

[General conditions.] In addition to any rules, regulations, limitations, conditions, charges, or other provisions set forth in the agreements between the customer and the commission, the following general conditions shall apply in all cases where the commission provides wastewater conveyance and/or treatment services to a customer:

(1)

Agreements with customers shall not be made unless the commission determines that adequate excess treatment capacity exists to provide service to the said customer, or unless the said customer agrees to pay all costs associated with upgrading the wastewater facilities to provide the additional capacity required.

(2)

The agreements shall establish the allowable wastewater flows, loads, and wastewater characteristics which the customer will be allowed to discharge to the wastewater facilities; shall establish other conditions and limitations as required to protect the wastewater facilities and the proper operation thereof; shall establish the period of time for which the agreement will be valid; and shall establish penalties for violation of any of the provisions of the agreement.

(3)

Under all agreements, the customer shall pay a fair and equitable portion of the wastewater facilities debt service costs, operation and maintenance costs, and replacement costs.

(4)

The agreements shall assure continued customer participation in the debt service cost over the life of the agreement. Should the customer eliminate its discharge, the commission, at its option, may, in its sole discretion, elect to assign to another customer that portion of the design capacity of the wastewater facilities and debt service cost thereby relieving the customer of continued financial participation.

(5)

In addition to any rules, regulations, requirements, restrictions, or provisions provided in the agreements between the customer and the commission, the customers shall be subject to the rules and regulations provided in this sewer use article, as applicable, and as may be amended or modified from time to time.

(6)

Each customer shall secure passage within the jurisdiction served by it of a sewer ordinance substantially in the form attached as Exhibit 1; and such ordinance shall be so adopted on or before June 30, 2007.

(7)

The method of connection of the customer's local wastewater collection system to the commission wastewater facilities shall be as specified by the commission.

(8)

For all customers, facilities shall be provided to allow flow measurement and sampling of the wastewater discharged by the customer to the commission wastewater facilities. The construction, operation, and monitoring requirements for said facilities shall be consistent with the requirements of this article. The costs for installation, operation, and maintenance of said facilities shall be borne in entirety by the customer. Plans and specifications for said facilities shall be submitted to the commission for review and approval.

(9)

All customers shall limit expansion and growth as required to maintain their wastewater discharge within the flow and/or load allocations stated in their agreements with the commission. Any customer which exceeds it allocated flows and/or load capacity shall be subject to fines, penalties, and surcharges as stated in their agreements with the commission, or, where the agreements do not specify fines, penalties and surcharges, as provided for in this article.

(10)

Customers shall maintain, inspect, and repair their local wastewater collection systems as required to limit infiltration and inflow to non-excessive levels. Infiltration shall be considered excessive if the highest average flow, for the customer, recorded over a 14 day period, under seasonal high groundwater and dry weather conditions, exceeds 120 gallons per capita per day or the equivalent therefore. Combined inflow and infiltration shall be considered excessive if the maximum day flow for the customer exceeds 205 gallons per capita per day or the equivalent thereof. The commission may impose fines, penalties, and surcharges for excessive infiltration and/or excess infiltration and inflow; said charges shall be in addition to the user charge applied to the customer.

(11)

In the event that the wastewater facilities need to be upgraded at any time in the future, all customers shall be required to pay a fair and equitable share of the costs of such upgrades.

(12)

No customer shall allow an industrial user to connect to their local wastewater collection system without written approval from the commission. The requirements of this article shall apply to all industrial users discharging to the commission wastewater facilities, either directly or indirectly, through the local wastewater collection system of a customer or municipality.

(13)

No customer shall allow septage, holding tank waste, or other hauled wastes to be discharged into their local wastewater collection system without written permission from the commission.

(14)

No customer shall accept wastewater from any user located outside of the service area for the said customer as defined in the agreements with the commission.

(15)

Extension, modification, or alteration of a Village of Hartland's or a customer's local wastewater collection system shall not be allowed without approval from the commission. Proposals for all extensions, modifications, or alterations to a customer's local wastewater collection systems shall be submitted to the commission for review and approval. Where said proposals for extension, modification, or alteration are approved by the commission, plans and specifications shall be submitted to the commission for review and approval. Submittal requirements shall be in accordance with the requirements set by the commission.

(16)

Customers shall not expand their sanitary sewer service areas without approval from the commission. The customer shall submit a proposal for expansion of the sanitary sewer service area to the commission for review and approval. The proposal shall include sufficient information to verify that the additional flow from the said expansion will not result in exceedance of the customers flow allocation as defined in the agreement with the commission. In addition, commission approval of any sanitary sewer service area expansion shall be contingent on approval of the expansion by the Southeastern Wisconsin Regional Planning Commission.

(17)

Nothing in this article, or any agreements between the commission and a customer, shall be construed as granting the customer ownership of any part of the commission wastewater facilities or a voice in the government of the wastewater facilities, with the exceptions of the village and the city, which parties created the commission through the originating joint ordinance and in the 1978 Agreement.

(18)

In the event that wastewater from an customer's wastewater collection system results in odor nuisance in, or corrosion of, the commission's wastewater facilities, then the commission may, upon reasonable notice, require the customer to install facilities to remedy the problem, or the commission may install said facilities and charge the cost to the customer.

(19)

The provisions of this section shall have no application to the city or village when acting pursuant to the 1978 Agreement and the originating joint ordinance.

(c)

Application for service. Every person desiring to connect property, buildings or structures to public sewers shall make application in writing to the village on such forms as are prescribed for that purpose, prior to commencing use of such service. The application must describe fully and truthfully all the wastes which are anticipated to be discharged. If the applicant is not the fee simple owner of the property, the written consent of the owner must accompany the application. Persons connected to the public sewers of the village are referred to herein as "users." By submitting such an application, all users are deemed to have agreed to be bound by this article, as amended from time to time. If it appears that the service applied for will not provide adequate service for the contemplated use, the village may reject the application. If the village approves the application, it shall issue a connection permit as shown on the application. No service shall be provided or application approved without prior payment of all applicable fees.

(d)

Application fee. Where the application for service is for a connection to the village's public sewers, the application shall be accompanied by an application fee(s) in an amount to be determined from time to time by the village. Such fee shall cover the cost of processing the application and inspection of the connection. Application fees may vary in amount between residential users and commercial/industrial users. The payment of this fee shall be in addition to any connection fees that may be charged to or on account of new users by the village or by the Del-Hart Commission.

(e)

Inspections. Any connection to the public sewers within the village shall be subject to the prior inspection and approval of the work by an authorized representative of the village. No trench or other excavation shall be filled, or any connection completed, without such prior inspection. The applicant requesting the connection shall reimburse the village for all inspection costs incurred, if not previously paid as part of the application fee.

(f)

Disconnection and refusal of service. Sewer service may be disconnected or refused for any of the following reasons:

(1)

Violation of this article, as amended from time to time;

(2)

Violation of the Del-Hart Ordinance, as amended from time to time;

(3)

Failure to pay the application fee, any connection fee or delinquent sewer service charges of the user.

(g)

Disconnection for delinquent accounts. A bill for service is delinquent if unpaid after the due date shown on the bill. The village may disconnect service for a delinquent bill by giving the user, at least eight calendar days prior to disconnection, a written disconnect notice which may be included in the bill for service. For purposes of this rule, the due date shall not be less than 20 days after issuance of the bill. The village may disconnect without notice where a dangerous condition exists for as long as the condition exists. Service may be denied to any user for failure to comply with the applicable requirements of these rules and regulations or if a dangerous or unsafe condition exists on the user's property.

(h)

Subsequent amendments. The village reserves the right to subsequently amend, modify, repeal and modify, any or all provisions of this article.

(Ord. No. 786-10, § 1, 12-13-2010)