Chapter 13.16
SEWER SERVICE SYSTEM

Sections:

13.16.010    Construction of sewer trunk line beyond areas having immediate need for sewer service.

13.16.020    Sewer service charges—System established.

13.16.030    Incorporation of district rules and regulations.

13.16.040    Sewer service charges—Rates.

13.16.070    Billing.

13.16.080    Local sewer charges.

13.16.090    Miscellaneous provisions.

13.16.100    Maintenance, repair and replacement of sewer laterals.

13.16.105    Maintenance, repair and replacement of private sanitary sewer systems.

13.16.110    Clear water discharge into sanitary sewer prohibited.

13.16.120    Acceptance of septic waste disposal at Fox River Water Pollution Control Center.

13.16.130    Grease, oil, sand traps and inspection manholes.

13.16.140    Contract communities—Enforcement beyond city limits.

13.16.150    Penalty for violation of this chapter.

13.16.010 Construction of sewer trunk line beyond areas having immediate need for sewer service.

A.    Application for Construction. Whenever a landowner desires to or is required by city ordinance to install a sanitary sewer system to serve land which is not then contiguous to a city sewer line, such land owner may request the city to construct the trunk lines in the following manner:

Application shall be made to the director of public works, in writing, for a determination as to the size of the trunk line which would be required under the city sewer plan to service the area in question and such other areas as should reasonably be served by the same trunk line. Within thirty (30) days of the filing of the application, the engineer shall so advise the landowner and inform him of any existing plans by the city for the construction of such trunk line. If, in the opinion of the city engineer, there is no reasonable probability that the trunk line shall be built within five years of making the request, he shall so certify in writing within one hundred twenty (120) days.

B.    Review of Request for Advance Construction. If the landowner desires to have the city undertake the extension of the trunk line to his property in advance of the time when the city shall have decided to so extend such trunk lines, he may make such a request to the director of public works. The request shall be reviewed by the water and sewer board and a recommendation made to the council for final action. The council may, in determining the desirability of authorizing the construction of the trunk line as a public project, consider the following factors:

1.    The need for the use of city funds, if any, on this project as compared with other public projects presently authorized or in the planning stage;

2.    The availability of city staff such as the engineer’s department to prepare plans and supervise the construction of the trunk line at the present time in the light of the existing and future work load;

3.    The probable effect of such construction upon the rate of development within the city.

C.    Financing Cost of Construction. The cost of any such trunk line shall be financed on the following basis unless otherwise agreed by the council for reasons which are in its opinion unique to the particular project:

1.    The developer shall pay for that part of the construction cost of such sewer trunk line as shall, in the opinion of the director of public works, have been necessary to serve his land.

2.    The developer shall lend to the city, without interest, the remaining cost of the sewer construction to be reimbursed, if at all, when any part of the trunk line shall be connected with abutting property or with lines serving other property which it was designed to serve, so much of the cost of extra capacity as shall be applicable to such abutting or other property as shall be recovered by the city by connection charge or special assessment shall be paid to the developer when, if and as received by the city, but, in the latter case, at no interest.

D.    Items Included in Cost of Construction. The cost of any trunk line shall include the cost of all engineering, inspection, legal, fiscal and other work related to the project plus a fee of one-half percent to defray the administrative and clerical expense to the city.

E.    Bond or Cash Deposit. No such trunk line project shall be awarded unless the developer shall have deposited with the city clerk a bond or cash equal to one hundred ten (110) percent of the bid of the successful bidder plus such amount as shall be required in the opinion of the director of public works to cover the cost specified in subsection D of this section. (Ord. 2024 § 5 (part), 2005; Ord. 1974-04 § 1 (part), 2004)

13.16.020 Sewer service charges—System established.

Pursuant to a contract between the Milwaukee Metropolitan Sewerage District (MMSD) and the city of Brookfield, entered into in 1958, the wastewater of that part of the city generally located east of the subcontinental divide is treated by the wastewater system operated by the MMSD. Likewise, wastewater of that part of the city generally located west of the subcontinental divide is treated at the Fox River Water Pollution Control Center (FRWPCC).

There is established a uniform system of user charges throughout the city, modified from time to time, as necessary, to pay operation, maintenance and replacement costs, both as charged by the MMSD and as incurred by the city for the FRWPCC. Such charges shall be computed and levied in accordance with federal and state requirements in order to remain eligible for state and federal grants-in-aid. At least biennially, the city will review the wastewater contributions of its users and align its revenue system to recover actual costs. (Ord. 1974-04 § 1 (part), 2004)

13.16.030 Incorporation of district rules and regulations.

The following sections and related appendices of District Rules and Regulations, Article XVII, promulgated by the district, as now in effect, are incorporated by reference and shall be in full force and effect as though set forth in full:

17.101

Purpose

17.102

Applicability

17.103

Definitions

17.301(3)(a)(1)

Municipal User Charge Ordinance

17.302

Municipal Data Transfer

17.303

Determining Water Consumption and Wastewater Discharges

17.304

Housing Unit Survey

17.305

Winter Quarter Water Consumption Report

17.306

Employee Hours at Unmetered Businesses Report

17.307

Reporting Changes in Occupancy or Use

17.308

Retail Bills

17.309

Payment of Wholesale Bills

17.310

Notice to Users of Discharge Factor and Wastestrength Certification Opportunities

17.401

Discharge Factor Certification

17.402

Wastestrength Certification

17.403

Reports of Changes in Occupancy or Use

17.404

Payment of Bills

17.405

District Inspection and Sampling (The City of Brookfield shall have the right of inspections described therein)

17.501

General

17.502

Calculating Bills

(Ord. 1974-04 § 1 (part), 2004)

13.16.040 Sewer service charges—Rates.

A sewer service charge is imposed upon each lot, parcel of land, building or premises served by the sewerage system or otherwise discharging sewage (including industrial wastes) into the sewerage system. Such sewer service charge shall be payable as herein provided and shall be on a family unit basis for residential lots, parcels of land, buildings or premises without metered municipal water, or on an individual water flow basis for residential lots, parcels of land, buildings or premises with metered municipal water; and for industrial, business and commercial lots, parcels of land, building or premises, shall be on the basis of individual water flow, type of business, strength of waste and other discharge factors.

A.    Sewer Service Charges. Sewer service charges, as recommended by the water and sewer board and periodically adjusted and established by council resolution, are on file in the office of the city clerk and are incorporated herein by reference.

B.    Surcharge For Illegal Clear Water Connections. Any customer of the city sewer system who maintains an illegal clear water connection thereto (e.g. foundation drains, sump pumps, downspouts, etc.) shall, after a ninety (90) day notice to disconnect, pay a surcharge of fifty (50) percent of their regular sewer service charge and this surcharge shall be retroactive without prejudice to the right of the city to compel disconnection and to charge the cost against the property as a special tax. (Ord. 2024 § 5 (part), 2005; Ord. 1974-04 § 1 (part), 2004)

13.16.070 Billing.

A.    A penalty of one percent per month shall be added to all bills not paid by the date fixed for final payment.

B.    All bills shall be payable at the office of the city treasurer.

C.    Penalty. Any person who violates, disobeys, omits, neglects or refuses to comply with any action required pursuant to this section and Sections 13.16.020 through 13.16.040, 13.16.080 and 13.16.090 shall forfeit not less than one dollar ($1.00) nor more than one thousand dollars ($1,000.00) for each offense, together with the cost of prosecution or, in default of payment thereof, be imprisoned in the county jail for a period not to exceed sixty (60) days. Each day that a violation continues to exist shall constitute a separate offense. (Ord. 1974-04 § 1 (part), 2004)

13.16.080 Local sewer charges.

In addition to Sections 13.16.020 through 13.16.070, with respect to the usage of the wastewater system of the district, the city is empowered, pursuant to Section 66.0821(4), Wisconsin Statutes, to establish and impose sewer charges necessary to meet the capital and operating and maintenance expenses of its local system. (Ord. 1974-04 § 1 (part), 2004)

13.16.090 Miscellaneous provisions.

The city will maintain the proportionate distribution of operation, maintenance and replacement costs among user classes. The city will generate sufficient revenues to pay the total operation, maintenance and replacement costs. The city will allow new connections only if there is available capacity in all downstream wastewater collection and treatment facilities through which the newly connected flows must pass. The city may reject a connection or contract with users or other municipalities, provided that existing contracts with other municipalities shall be honored. Users may appeal the decisions of the utility to the council. (Ord. 1974-04 § 1 (part), 2004)

13.16.100 Maintenance, repair and replacement of sewer laterals.

The property owner is responsible for all maintenance including rodding, cleaning, and televising of the sewer lateral and for repair and replacement of the sewer lateral from building to sewer main, unless the repair or replacement is required due to actions or negligence of the city or its representatives. Laterals shall exclude the connection at the main if it is a manufactured connection (wye). Break-in connections are the responsibility of the property owner until the connection is replaced with a manufactured connection. The water and sewer board may issue maintenance, repair and disconnect orders for laterals as necessary for the protection of the public health and the city sewer system. The water and sewer board may also, where a maintenance, repair or disconnect order is disregarded or violated, cause such work to be performed and charge the cost thereof against the property as a special tax or charge a fee of one hundred dollars ($100.00) per day for each violation. (Ord. 2024 § 5 (part), 2005; Ord. 1974-04 § 1 (part), 2004)

13.16.105 Maintenance, repair and replacement of private sanitary sewer systems.

Private sanitary sewer systems shall be maintained by the private owner to ensure proper flow of the sewers including regular cleaning and inspection of the sewer system. Repairs and replacement of sewers, manholes and laterals shall be made as needed to eliminate sources of clear water in accordance with Section 13.16.110. The water and sewer board may issue maintenance, repair and disconnect orders for private sewer systems as necessary for the protection of the public health and the city sewer system. The water and sewer board may also, where a maintenance, repair or disconnect order is disregarded or violated, cause such work to be performed and charge the cost thereof against the property as a special tax or charge a fee of one hundred dollars ($100.00) per day for each violation. (Ord. 2024 § 5 (part), 2005; Ord. 1974-04 § 1 (part), 2004)

13.16.110 Clear water discharge into sanitary sewer prohibited.

A.    The discharge of clear water (including rain water, groundwater, or noncontact cooling water) into the sanitary sewer system is prohibited.

B.    The discharge of clear water into the sanitary sewer system shall be eliminated.

C.    The inspection officers of the city shall make such inspections as are necessary to determine where clear water connections or infiltration exists. In making such inspections, they shall obtain special inspection warrants under Section 66.0119, Wisconsin Statutes.

D.    Upon determining that a clear water connection or clear water infiltration exists, city inspection officers shall issue appropriate orders to abate, correct or eliminate such connection or infiltration within a reasonable time, not to exceed ninety (90) days. This order shall be sent to the owner by certified mail at the address shown on the tax roll. The owner may appeal the order to the water and sewer board within ten days from the date of mailing. The board shall hear the appeal at its next regularly scheduled meeting. The owner may appear in person or through a representative or agent. The board shall affirm, modify or reverse the order appealed from. The owner may appeal the board’s decision by certiorari commenced within ten days of the board’s order. If no such appeal is taken, the board’s order shall be final and may be implemented by mandatory injunction or other appropriate legal means.

E.    In accordance with Section 66.0701, Wisconsin Statutes, the council shall impose special assessments against the property for all or part of the cost of abating, correcting or eliminating clear water connections or infiltration, including any valving systems. Prior to the imposition of such assessment, the water and sewer board shall conduct a public hearing, preceded by a Class 1 notice published in the official city newspaper and a mailed notice to each owner at the address shown on the last tax roll. Any special assessment imposed shall be by a final resolution as provided in Section 66.0703, Wisconsin Statutes, and shall constitute a lien on the property. Payment shall be made as the council provides in the resolution. The council may provide for installment payments not to exceed ten years with interest on the unpaid balance. The owner may appeal the special assessment in the manner provided in Section 66.0703(12), Wisconsin Statutes, within forty (40) days of the publication of the final resolution.

F.    City officers and contractors retained by the city shall enter upon property for the purpose of performing the work necessary to abate, correct or eliminate such clear water connections or infiltration. No person shall refuse such entry or interfere with such city officer or contractor in the performance of such work. In addition to the penalties herein provided, any person who so refuses or interferes shall be subject to injunction or restraining order of a court of competent jurisdiction. (Ord. 2024 § 5 (part), 2005; Ord. 1974-04 § 1 (part), 2004)

13.16.120 Acceptance of septic waste disposal at Fox River Water Pollution Control Center.

Septic or sewerage wastes transported by firms duly licensed and qualified to do so shall be accepted for disposal at the municipal treatment facility in accordance with such fees, rules and procedures set forth by the sanitary water and sewer board to govern and control the disposal. The fees, rules and procedures shall include, but not be limited to, the following provisions:

A.    Section 144.08, Wisconsin Statutes, is incorporated herein by reference and made a part hereof just as though fully set forth herein.

B.    Fees, per thousand gallons, recommended by the director of public works and reviewed and adjusted periodically by the board to reflect the current costs for treatment of the waste strength parameters. Fees shall include whatever factors are necessary to insure full cost recovery incurred in treating the waste.

C.    A system for billing and collection of the fees shall be established.

D.    Deleterious waste, as defined elsewhere in this chapter, shall not be accepted for disposal.

E.    The wastewater facilities manager shall certify and qualify individual firms and issue appropriate permits. Evidence of the certification shall be required at the designated disposal place. Failure of a permit holder to adhere to established rules and procedures shall be cause for revocation of the permit and fines up to one hundred dollars ($100.00) per violation. (Ord. 2024 § 5 (part), 2005; Ord. 1974-04 § 1 (part), 2004)

13.16.130 Grease, oil, sand traps and inspection manholes.

A.    Establishments involved in the preparation of food for commercial purposes, car washes, or other processes where fats, oils, greases or sand are produced, used or disposed of shall provide grease interceptors or traps. Grease, oil and sand interceptors or traps shall be provided by others in accordance with Chapter 15.12 for the proper handling of liquid wastes containing fats, oils or grease in excessive amounts, sand and other harmful ingredients, except that such interceptors or traps shall not be required for private living quarters or residential dwelling units.

All interceptors or traps shall be of a type and capacity approved by the Wisconsin Department of Natural Resources and Wisconsin Administrative Code H 62.11 and shall be located so as to be readily and easily accessible for cleaning and inspection, and to be effective in capturing fats, oils, greases and sand by providing sufficient opportunity for wastewater containing fats, oils and grease to cool enough for these to be trapped. They shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperatures and shall be of substantial construction, gastight, watertight and equipped with easily removable covers.

All grease, oil and sand interceptors or traps shall be maintained by the user at his expense in continuously efficient operation at all times, and the records of such maintenance shall be kept current and available when requested by city inspectors.

Approval of proposed facilities or equipment by the WDNR and the Wisconsin Department of Commerce does not, in any way, guarantee that these facilities or equipment will function in the manner described by their constructor or manufacturer nor shall it relieve a person of the responsibility of enlarging, relocating or otherwise modifying such facilities to accomplish the intended purposes.

B.    Inspection Manholes. Any person discharging industrial wastes into a sewer shall construct and maintain a suitable control manhole or manholes downstream from any such place of discharge to permit observation, measurement and sampling of such wastes by the city.

C.    Multitenant buildings must have constructed and maintained means for access for sampling and measuring flow of all discharges to the sanitary sewer for each tenant to the satisfaction of the director of public works. All monitoring facilities shall be constructed and maintained in accordance with all applicable state and local construction standards and specifications. Plans for the installation of monitoring facilities and related equipment shall be submitted for review and approval to the director of public works prior to the beginning of construction.

D.    The city shall have the right to inspect grease interceptors and traps to determine compliance with the requirements of this title. The discharger shall allow the director of public works or his designee to enter upon the premises of the discharger at all reasonable hours for purposes of inspection, sampling or records examination.

E.    The owner must retain and provide to the city upon request information satisfactory to the director of public works demonstrating adequate design, operation and maintenance of grease interceptors and traps.

F.    Enforcement and Cost Recovery. Any person or industrial user violating any of the provisions of this section or who discharges or causes a discharge producing a deposit or obstruction or in any manner causes damage to or impairs the city’s wastewater collection system and/or the FRWPCC wastewater treatment system shall be liable to the city for any expense, loss cost or damage without limitation caused by such violation or discharge. The city shall bill the user for the costs incurred by the city of any cleaning, repair, replacement work or restoration of receiving water damaged by the POTW upsets or any other cleaning, repair damage, forfeitures, administrative costs, penalties or replacement work caused by the violation or discharge. Refusal to pay the assessed cost or failure to comply with other provisions of this section shall constitute a violation of this section enforceable under the provisions of Chapter 13.20. (Ord. 1974-04 § 1 (part), 2004)

13.16.140 Contract communities—Enforcement beyond city limits.

A.    The city operates a water pollution abatement plant known as the Fox River Water Pollution Control Center as a regional facility for itself and portions of other communities lying west of the subcontinental divide, including at the present time the following: city of New Berlin, village of Menomonee Falls, the Lake Pewaukee Sanitary District, the Sanitary District No. 3 of the city of Pewaukee, the village of Pewaukee and the Sanitary District No. 4 of the town of Brookfield. These communities have entered into agreements with the city for the treatment of sewage. These communities hereinafter are referred to as contract communities.

The contracts hereinbefore described have been recorded with the register of deeds for Waukesha

County, filed with and approved by the WDNR, and also filed with the office of the city clerk. The contracts are incorporated herein by reference just as though fully set forth herein.

B.    The contract communities have agreed to comply with the city sewer user ordinance. Accordingly, it shall be the duty of each contract community to adopt appropriate ordinances and/or rules to enforce the provisions of this title locally. This provision is without prejudice to the right of the city to enforce this chapter within the boundaries of the contract communities.

C.    The agreements with the contract communities provide that the city shall have the right to inspect all users within the contract communities and if, from any such inspection, it is determined by the city that any deleterious waste is improperly entering the system, the user and the municipality within which such user is located shall be notified in writing and be required to cease and desist within a period of five days; and in the event the municipality and/or user fails to take corrective action (or in the alternative to satisfactorily assure the city that corrective action will be taken within a specified period of time), the city shall pursue any and all remedies available to achieve compliance. (Ord. 1974-04 § 1 (part), 2004)

13.16.150 Penalty for violation of this chapter.

Any person, firm, partnership, or corporation who violates any part of this chapter shall be subject to the penalty and enforcement provisions in Chapter 1.12. (Ord. 2552-19 § 38, 2019)