9         Public Utilities

 

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    Water Utility Rates and Regulations

 

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

 

 

9.1.1                           RATES AND REGULATIONS ADOPTED BY REFERENCE.

 

The current Public Service Commission-authorized rates and regulations governing the water utility are adopted and incorporated by reference into this Code of Ordinances.

 

 

9.1.2                           TAMPERING WITH WATER UTILITY FACILITIES AND THEFT OF WATER.

 

(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.

 

 

9.1.3                           AUTHORITY TO ENTER BUILDINGS IN ORDER TO INSPECT, EXAMINE, REMOVE OR INSTALL METERS, PIPES, FITTINGS AND WIRES.

 

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    Sewer User Charges and Regulations

 

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

 

 

9.2.1                           PURPOSE OF CHAPTER.

 

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.

 

 

9.2.2                           INCORPORATION OF ARTICLE XVII OF DISTRICT RULES AND REGULATIONS.

 

(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.

 

 

9.2.3                           USER CHARGES.

 

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.

 

 

9.2.4                           LOCAL CAPITAL RECOVERY CHARGES.

 

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.

 

 

9.2.5                           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, 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.

 

 

9.2.6                           BILLING.

 

(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.

9.2.7                           ADDITIONAL CITY SEWERAGE CHARGES.

 

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.

 

 

9.2.8                           APPEAL OF CHARGES.

 

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.

 

 

9.2.9                           NECESSITY OF USER CHARGE SYSTEM.

 

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.

 

 

9.2.10                         DEFINITIONS.

 

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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