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Chapter 13 Section 30

Section 13.30. SANITARY SEWER USER CHARGES.

(1) Purpose.  The wastewater of this municipality is collected and treated in whole or in part by the wastewater system operated by Milwaukee Metropolitan Sewerage District (the “District”).  The purpose of this ordinance is to enable this municipality to establish and collect from users within the municipality those charges which represent the proportionate contribution by such users both (a) to the cost of operating and maintaining the system, and (b) that part of the cost of past and future capital improvements in the system not defrayed by an ad valorem tax on real property.  Such charges are required to enable the District to become and remain eligible for federal grants for wastewater facility capital improvements.

(2)  Incorporation of District Rules and Regulations.  The following sections and related appendices of the District Rules and Regulations, Chapter 17 promulgated by the District, as now in effect and as the same may be amended from time to time hereinafter, are hereby incorporated by reference and shall be of full force and effect as though set forth in their entirety herein.

17.102        Definitions.

17.104(l)     Municipal Transfer of Data.

17.104(2)     Estimated Volume of Discharge

17.104(4)     Collection Terms

17.105(l)     User Transfer of Data

17.105(2)     Discharge Factor Certification

17.105(3)     Wastestrength Certification

17.105(4)     Certification Procedures.

17.105(5)     Verification.

17.105(6)     Audit Control of User Connections.

17.105(7)     Appeal Provision.

17.201        Purpose of the User Charge System.

17.202        User Charge Billing Basis

17.203        Wholesale User Charge Billing Bases

17.204        Unit Costs of Treatment.

17.301        Purpose of the Local Capital Recover (LCR)                    System.

17.302        LCR Billing Basis

17.303        Wholesale LCR Billing Basis

17.304        Unit Costs of LCR.

17.401        Purpose of the Industrial Cost Recovery                       (ICR) System.

17.402        ICR Billing Basis

17.403        Wholesale ICR Billing Basis

17.404        Unit Costs of ICR.

 

For purposes hereof “Residential Structure” as defined in District Rules and Regulations, shall mean any building accommodating exclusively one or two residential units.

(3)  User Charges.  There is hereby imposed a charge on each user in this municipality who discharges wastewater, directly or indirectly, into the wastewater system operated by the District.  Such charge shall be in the amount specified below for the various classes of users.

[a] Residential Users. The residential users charge shall be based on a uniform charge, as follows:

The uniform charge for each residential unit shall be calculated by dividing the wholesale residential user charge (i.e., the charge by the District to the municipality) by the number of residential units in the municipality.  Individual residential user charges shall be calculated as the user’s number of residential units times this uniform charge.

[b] Non-Certified Commercial Users. The retail non-certified commercial user charge shall be based on a volumetric charge, as follows:

The volumetric charge shall be calculated by dividing the wholesale non-certified commercial user charge (i.e., the charge by the Commission to the municipality), excluding connection charges, by the total volume of non-certified commercial water consumption.  Individual non-certified commercial user charges shall be calculated by multiplying the user’s volume of water consumption times this volumetric charge plus the user’s number of service connections times the connection charge.

[c] Discharge Certified Commercial Users. Each retail discharge certified commercial user charge shall be equal to each wholesale discharge certified commercial user charge submitted to the municipality pursuant to Chapter 17, MMSD Rules.

[d] Wastestrength Certified Commercial Users. Each retail wastestrength certified commercial user charge shall be equal to each wholesale wastestrength certified commercial user charge submitted to the municipality pursuant to Chapter 17, MMSD Rules.

[e] Non-Certified Industrial Users. Each retail non-certified industrial user charge shall be equal to each wholesale non-certified industrial user charge submitted to the municipality pursuant to Chapter 17, MMSD Rules.

[f] Discharge Certified Industrial Users. Each retail discharge certified industrial user charge shall be equal to each wholesale discharge certified industrial user charge submitted to the municipality pursuant to Chapter 17, MMSD Rules.

[g] Wastestrength Certified Industrial Users. Each retail wastestrength certified industrial user charge shall be equal to each wholesale wastestrength certified industrial user charge submitted to the municipality pursuant to Chapter 17, MMSD Rules.

(4)  Local Capital Recovery Charges.  There is hereby imposed a local capitol recovery (LCR) charge on each industrial user in this municipality whose function is described by the Standard Industrial Classification (SIC) Division D (“LCR user”).  The LCR charge shall be in the amount specified below for the various classes of LCR users:

[a] Non-Certified Industrial Users. Each retail non-certified industrial LCR charge shall be equal to each wholesale non-certified industrial LCR charge submitted to the municipality pursuant to Chapter 17, MMSD Rules.

[b] Discharge Certified Industrial Users. Each retail discharge certified industrial LCR charge shall be equal to each wholesale discharge certified LCR charge submitted to the municipality pursuant to Chapter 17, MMSD Rules.

[c] Wastestrength Certified Industrial Users. Each retail wastestrength certified industrial LCR charge shall be equal to each wholesale wastestrength certified industrial LCR charge submitted to the municipality pursuant to Chapter 17, MMSD Rules.

(5)  Industrial Cost Recovery Charges.  There is hereby imposed an industrial cost recovery (ICR) charge on each ICR user (as defined in District Rules and Regulations, Chapter 17 ) in this municipality.  The ICR charge shall be in the amount specified below for the various classes of ICR users.

[a] Non-Certified Industrial Users. Each retail non-certified industrial ICR charge shall be equal to each wholesale non-certified industrial ICR charge submitted to the municipality pursuant to Chapter 17, MMSD Rules.

[b] Discharge Certified Industrial Users. Each retail discharge certified industrial ICR charge shall be equal to each wholesale discharge certified industrial ICR charge submitted to the municipality pursuant to Chapter 17, MMSD Rules.

[c] Wastestrength Certified Industrial Users. Each retail wastestrength certified industrial ICR charge shall be equal to each wholesale wastestrength certified industrial ICR charge submitted to the municipality pursuant to Chapter 17, MMSD Rules.

(6)  Billing.

[a] User, LCR, and ICR charges shall be billed on an annual basis.  The annual charge  may be billed on the real estate tax bill for the property upon which the sanitary sewer user, LCR and ICR charge apply. In the event that such bill is not paid when due, a penalty of one percent (1%) per month shall be added thereto. Ord. No, 516 Adopted 11/16/2011

[b]  All bills shall be payable to the Village Treasurer at the Village Hall.

[c]  In the event a user fails to certify data or in the event a user=s certification is materially inaccurate or in the event there has been a substantial change in data since the date of the user’s last certification, the Commission shall notify the user that the verification data determined by the Commission pursuant to Section 17.105(5), MMSD Rules, shall be used to determine the charge due for the current billing period and all future billing periods until the user submits a new certified statement.

[d]  Should inspection or verification by the Commission reveal that any statement certified by a user is materially inaccurate, the Commission shall redetermine the proper charge due and forward the new computation to the municipality in order that a bill for the deficiency may be sent.  This deficiency billing shall be retroactive to the date or dates when the bills based upon the inaccurate certification were originally due and interest charges shall be applied to each deficiency as provided in paragraph [a] above.

[e]  Unpaid User, LCR and ICR charges shall be a lien upon the property served and shall be enforced as provided in Wis.  Stats., Sec. 66.076(7).

[f]  Any person who violates, disobeys, omits, neglects or refuses to comply with any action required pursuant to District Rules and Regulations, Chapter 17, shall be subject to a forfeiture of not less than Ten ($10.00) Dollars, nor more than Five Hundred ($500.00) Dollars for each offense, together with the cost of prosecution.  Each day that a violation continues to exist shall constitute a separate offense.  Such forfeitures are in addition to the User, LCR and ICR charges due the municipality.

(7)  Local Sewerage Charges.  In addition to the charges imposed pursuant to subsections (1) through (4) above with respect to the usage of the waterwaste system of the District, this municipality is also empowered pursuant to Section 66.076(4), Wis.  Stats., to establish and impose sewer charges necessary to meet the capital and operating and maintenance expenses of its local sewerage system.  Such charges are imposed and governed by Section 13.29 of the Village Code of Ordinances.  The provisions of this ordinance repeal or replace said Section 13.29 or any other ordinance only to the extent of direct conflict herewith, i.e., only to the extent that any other such ordinance purports to establish rules applicable for the collection of User, ICR and LCR charges with respect to the wastewater system operated by the District, rather than the local system.

Phone: (414) 352-8213
River Hills, WI 53217
7650 N. Pheasant Lane