Chapter 1 Water Utility Rates and Regulations
Chapter 2 Sewer User Charges and Regulations
Chapter 3 Cable Television
Chapter 4 Wireless Communication Systems; Use of
Right-of-Way
9.1.1 Rates and
Regulations Adopted by Reference
9.1.2 Tampering
with Water Utility Facilities and Theft of Water
9.1.3 Authority
to Enter Buildings in Order to Inspect, Examine, Remove or Install Meters,
Pipes, Fittings and Wires
The
current Public Service Commission-authorized rates and regulations governing
the water utility are adopted and incorporated by reference into this Code of
Ordinances.
(a)
It shall be unlawful
for any person, corporation, or other organization to connect to, disconnect,
or adjust any meter, pipe, hydrant, or other facility of the Glendale Water
Utility in any way whatsoever without having first obtained a permit to do so from
the Water Utility.
(b)
It shall be unlawful
for any person, corporation, or other organization to take or use any water
from a facility of the Glendale Water Utility by any means that do not permit
that use or taking to be measured and billed by the Water Utility.
(c)
The presentation of
evidence that the acts prohibited by this Section took place on privately owned
property shall create a rebuttable presumption that those acts were done by the
owners of record of that property.
(d)
The Director of
Public Works, or his designee, shall have the authority to issue a citation for
any violations of this Section.
Pursuant
to the legislative authority granted the City under Secs. 196.58 and 196.171,
Wis. Stats., as may be amended from time to time, said statutory sections are
hereby adopted in their entirety by reference.
9.2.1 Purpose of
Chapter
9.2.2 Incorporation
of Article XVII of District Rules and Regulations
9.2.3 User Charges
9.2.4 Local Capital
Recovery Charges
9.2.5 Industrial Cost
Recovery Charges
9.2.6 Billing
9.2.7 Additional City
Sewerage Charges
9.2.8 Appeal of
Charges
9.2.9 Necessity of
User Charge System
9.2.10 Definitions
9.2.11 Revenues
9.2.12 Basis of User
Charges
9.2.13 Reviewing and
Notification Provisions
9.2.14 Sanitary Sewer
Mains
9.2.15 Storm water
Drainage Facilities
9.2.16 Water Mains and
Laterals
The
wastewater of the City is collected and treated in whole or in part by the
wastewater system operated by the Sewerage Commission of the City of Milwaukee
(the "Commission") on behalf of itself, the Metropolitan Sewerage
Commission of the County of Milwaukee (the "Metropolitan Commission")
and the Metropolitan Sewerage District of the County of Milwaukee (the
"District"). The purpose of
this Chapter is to enable the City to establish and collect from users within
the City 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.
(a) The following sections and related appendices of District
Rules and Regulations, Article XVII promulgated by the Commission, the
Metropolitan Commission and the District, as now in effect and as the same may
be amended from time to time hereafter, are hereby incorporated by reference
and shall be in full force and effect as though set forth in their entirety
herein:
Section 1701.020 Definitions
Section 1701.040 Municipal
Transfer of Data
Section 1701.041 Estimated
Volume of Discharge
Section 1701.050 User
Transfer of Data
Section 1701.051 Discharge
Factor Certification
Section 1701.052 Wastestrength
Certification
Section 1701.053 Certification
Procedures
Section 1701.054 Verification
Section 1701.055 Audit
Control of User Connections
Section 1701.056 Appeal
Provision
Section 1702.010 Purpose
of the User Charge System
Section 1702.020 User
Charge Billing Basis
Section 1702.030 Wholesale
User Charge Billing Basis
Section 1702.040 Unit
Costs of Treatment
Section 1703.010 Purpose of Local Capital Cost Recovery
(LCR) System
Section 1703.020 LCR Billing Basis
Section 1703.030 Wholesale LCR Billing Basis
Section 1703.040 Unit Costs of LCR
Section 1704.010 Purpose of Industrial Cost Recovery (ICR)
System
Section 1704.020 ICR Billing Basis
Section 1704.030 Wholesale ICR Billing Basis
Section 1704.040 Unit Costs of ICR
(b) Residential Structure.
For purposes hereof, "Residential Structure" as defined in District
Rules and Regulations, Article XVII, shall mean any building accommodating
exclusively one (1) or two (2) residential units.
There
is hereby imposed a charge on each user in the City who discharges waste water,
directly or indirectly, into the wastewater system operated by the Commission.
Such charge shall be in the amount specified below for the various classes of
users.
(a)
Residential Users.
Applicable to this Subsection and Section 9-2-7, the volume of water
consumption shall be based on the subject customer's metered consumption of
water in the first quarter of the utility's billing area No. 1 and in the
second quarter, of the utility's billing areas No. 2 and No. 3, where such data
are available. If such data are not available, then the average individual
residential customer's consumption in the area in which such residence is
located shall be used.
(b)
Non-certified Commercial Users. The retail non-certified commercial user charge shall be
based on a volumetric charge (i.e., the charge by the Commission to the City,
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 City pursuant to District Rules and Regulations, Article XVII.
(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 City pursuant to District Rules and Regulations, Article XVII.
(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
City pursuant to District Rules and Regulations, Article XVII.
(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 City pursuant to District Rules and Regulations, Article XVII.
(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 City pursuant to District Rules and Regulations, Article XVII.
There
is hereby imposed on each industrial user in the City whose function is
described by the Standard Industrial Classification (SIC), Division D (LCR
user) a local capital recover (LCR) charge. 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
City pursuant to District Rules and Regulations, Article XVII.
(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 City pursuant to District Rules and Regulations, Article XVII.
(c)
Wastestrength Certified Industrial Users. Each retail wastestrength certified industrial charge
shall be equal to each wholesale wastestrength certified industrial LCR charge
submitted to the City pursuant to District Rules and Regulations, Article XVII.
There
is hereby imposed an industrial cost recovery (ICR) charge on each ICR user (as
defined in District Rules and Regulations, Article XVII) in the City. 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 City pursuant to
District Rules and Regulations, Article XVII.
(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 City pursuant to District Rules and Regulations, Article XVII.
(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 City pursuant to District Rules and Regulations, Article XVII.
(a)
User, LCR and ICR
charges shall be billed on a quarterly basis. Payment of such bills shall be
made within twenty (20) days after mailing by the City. In the event that such bill is not paid when
due, a penalty of three percent (3%) or minimum of thirty cents (30 cents)
shall be added thereto.
(b)
All bills shall be
payable at the City Treasurer s office at City Hall, 5900 North Milwaukee River
Parkway, Glendale, WI 53209.
(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
1701.054 of District Rules and Regulations, Article XVII 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
material inaccurate, the Commission shall re-determine the proper charge due
and forward the new computation to the City 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 Subsection (a) above.
(e)
Unpaid User, LCR and
ICR charges shall be a lien upon the property served and shall be enforced as
provided in See. 66.076(7), Wis. Stats.
(f)
Any person who
violates, disobeys, omits, neglects or refuses to comply with any action
required pursuant to District Regulations, Article XVII shall pay a forfeiture
of not less than Ten Dollars ($10.00), nor more than Two Hundred Dollars
($200.00) for each offense, together with the cost of prosecution and, in
default of payment thereof, shall be imprisoned in the County Jail or House of
Correction of Milwaukee County until such forfeiture and costs are paid, but
not to exceed ninety (90) days. Each
day that a violation continues to exist shall constitute a separate
offense. Such fines are in addition to
the User, LCR and ICR charges due the City.
In
addition to the charges imposed pursuant to Sections 9.2.3 through 9.2.6 above
with respect to the usage of the wastewater system of the Commission, local
user charges are imposed in Sections 9.2.9 through 9.2.13 of this Chapter.
Any
person aggrieved by any act or failure to act or determination of the Glendale
Water Utility concerning sanitary sewer user charges may appeal to the Water
Utility Board by filing a notice of appeal, together with a verified petition,
with the City Clerk. Such petition
shall state the action, failure to act or determination appealed from and the
grounds upon which relief is sought and shall be filed within twenty (20) days
from the date of the action or determination appealed from. If such determination is based upon a bill
for sanitary sewer services, such documents shall be filed within twenty (20)
days from the mailing of such bill.
Petitioner shall be given at least ten (10) days written notice by mail
of the date of hearing before the Water Utility Board. Provided, however, that appeals wherein the
action, failure to act or determination arose prior to the effective date of
this Chapter shall be made within twenty (20) days of such effective date.
It
is determined and declared to be necessary and conducive to the protection of
the public health, safety, welfare and convenience of the City to collect
charges from all users who contribute wastewater to the City's collection
system. The proceeds of such charges so derived will be used for the purpose of
operating and maintaining the public wastewater collection system.
Unless
the context specifically indicates otherwise, the meaning of terms used in this
Chapter shall be as follows:
(a)
Billable Flow
shall mean a user's recorded quarterly water usage as metered by the
appropriate water utility, plus metered water from wells and other courses, and
less any sewer-exempt metered data, times the approved percentage factor for
wastewater entering the sewer system out of the metered water.
(b)
Collection Sewer System
shall mean the system of sewers whose primary purpose is to collect wastewaters
from individual point source discharges.
(c)
Operation and Maintenance
shall mean all expenditures during the useful life of the sewer collection
system for materials, labor, utilities and other items which are necessary for
monitoring and maintaining the collection system to achieve the capacity and
performance for which such system was designed and constructed.
(d)
Replacement
shall mean expenditures for obtaining and installing equipment, accessories or
appurtenances which are necessary during the useful life of the collection
system to maintain the capacity and performance for which such works were
designed and constructed. The term
"operation and maintenance" includes replacement.
(e)
Shall is mandatory;
“may” is permissive.
(f)
Useful Life
shall mean the estimated period during which a collection system will be
operated.
(g)
User Charge
shall mean that portion of the total wastewater service charge which is levied
in a proportional and adequate manner for the cost of operation, maintenance
and replacement of the collection system.
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