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§ 51.149 INJUNCTIVE RELIEF.
   In addition to the fine levied upon conviction of a violator, the Board of Trustees may, where the circumstances of the particular case so dictate, direct the attorney for the city to seek injunctive relief to prohibit the user from discharging into the sanitary sewer system, or to provide such affirmative relief as may be appropriate.
(Ord. 1984-35, passed 12-18-84)
§ 51.150 TEMPORARY RESTRAINING ORDERS.
   The city may, upon discovering an ongoing or potential discharge of pollutants to the city POTW which reasonably appears to present an imminent danger to the health or welfare of persons, seek and obtain from the circuit court of the county a temporary restraining order to halt or prohibit such discharge. Prior to the filing of such petition, the discharger shall be given informal notice of city's intention to file such action. Methods of informal notice shall include, but not be limited to, any of the following: Personal conversation between discharger and city employees, telephone calls, letters, hand delivered messages, or notices posted at the discharger's premises or point of discharge. Personal contact between city personnel and the discharger shall be attempted, but shall not be condition precedent to city's petition for and obtaining of a temporary restraining order.
(Ord. 1984-35, passed 12-18-84)
§ 51.151 SHOW CAUSE HEARING.
   The city may, upon discovering an ongoing or potential discharge to city POTW which presents or may present a danger to the environment or which threatens to interfere with the operation of the POTW, immediately issue an order to the discharger to show cause before the Board of Public Works and Safety why the city should not suspend service, revoke the discharger's wastewater discharge permit, or seek injunctive relief to prohibit the discharger from making the discharge. Procedures to be followed by the Board of Trustees in said show cause hearing and in subsequent actions by the Board of Public Works and Safety shall be in accordance with this chapter.
(Ord. 1984-35, passed 12-18-84)
§ 51.152 OTHER REMEDIES.
   The remedies provided in this subchapter shall not be exclusive and the city may seek whatever other remedies are authorized by statute, at law or in equity against any person violating the provisions of this chapter.
(Ord. 1984-35, passed 12-18-84)
RATES AND CHARGES
§ 51.165 APPLICATION FOR SERVICE; CONNECTION/INSPECTION FEES.
   (A)   Applications for a sewer connection permit shall be filed with the Sewer Utility Office on a form supplied by the city.
   (B)   Each user, at the time of connection with the sanitary sewer system, shall have paid a connection fee to the city for the actual costs incurred to complete the connection, as determined by the city. In the event the customer contracts to privately complete the connection, the city shall inspect and approve of the work prior to initiation of service to the customer and shall assess a fee.
      (1)   The fee shall be $350 for residential and other users within the city limits, and $550 for residential and other users outside the city limits.
      (2)   Mobile home and trailer parks shall pay a fee of $105 per space.
(Ord. 1969-34, passed 11-18-69; Am. Ord. 1982-7, passed 7-6-82; Am. Ord. 1992-30, passed 12-8-92; Am. Ord. 1994-33, passed 12-6-94; Am. Ord. 2008-19, passed 12-16-08; Am. Ord. 2009-17, passed 1-5-10; Am. Ord. 2014-11, passed 8-5-14)
§ 51.166 USER CLASSES AND BILLING METHODS; SEWER SERVICE RATES AND CHARGES; SURCHARGES.
   (A)   Definitions of user classes. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   “RESIDENTIAL USER.” A user who contributes normal domestic sewage from a single-family dwelling and where the quantity of water, and thus sewage, usage is measured by a single meter.
      (2)   “MULTIPLE USER.
         (a)   “MULTIPLE-USER DWELLING.” A user who contributes normal domestic sewage from multiple-family dwellings or users, such as duplexes, apartments, trailer parks, hotels, motels and others providing transient lodging, and where the quantity of treated usage is measured by a single meter.
         (b)   “INSTITUTIONAL USER.” A publicly or privately owned school, hospital, nursing home, prison or other similar institution who contributes normal domestic sewage and where the quantity of water, and thus sewer, usage is measured by a single meter.
      (3)   “OTHER USER.” A user, including commercial, governmental and industrial, where usage is measured by a single meter, and where the property does not qualify as a residential or multiple user, being further defined as:
         (a)   “COMMERCIAL USER.” Retail and wholesale establishments, or places engaged in providing merchandise for personal, household or industrial consumption, and/or rendering services to others, which discharges primarily segregated domestic wastes from sanitary conveniences.
         (b)   “INDUSTRIAL USER.” Any establishment or place engaged in the processing or production of merchandise for personal, household or industrial consumption.
         (c)   “GOVERNMENTAL USER.” A user engaged in legislative, judicial or administrative activities of federal, state and local governments, such as courthouses, police and fire stations, town halls and similar governmental users.
   (B)   Billing methods.
      (1)   Residential and other users. Actual monthly usage shall be billed in accordance with the rates and charges prescribed in division (C).
      (2)   Multiple users. Actual usage from the previous month shall determine the customers' equivalent number of average residential users (4,700 gallons per month). The resulting number of equivalent users shall be allocated a proportionate share of the total usage for each month, a bill for which shall be calculated by applying the rates and charges prescribed in division (C) to the usage attributable to each equivalent user and summing those amounts. The total of those amounts shall be billed to the customer.
   (C)   City rates and charges. There shall be and are hereby established for the use of, and the service rendered by, the Madison Sewer Division of the City of Madison Sewer Utilities, the following rates and charges, based on use and the user classes defined in division (A):
      (1)   Residential and commercial users.
         (a)   Rates for metered usage per month.
 
Metered (Water) Usage
Monthly Rate Per 1,000 Gallons
First 2,000 gal. per month
$ 10.69
Over 2,000 gal. per month
$ 8.13
 
         (b)   Minimum monthly charge. Each user shall pay a minimum monthly charge of $21.38, which entitles them to 2,000 gallons usage. Multiple users shall pay a minimum charge based upon the number of equivalent users served, in accordance with the billing methodology prescribed in division (B).
      (2)   Industrial users.
         (a)   Rates for metered usage per month.
 
Metered (Water) Usage
Monthly Rate Per 1,000 Gallons
First 2,000 gal. per month
$ 8.27
Next 98,000 gal. per month
$ 5.71
Next 400,000 gal. per month
$ 5.39
Next 500,000 gal. per month
$ 4.99
Over 1,000,000 gal. per month
$ 4.72
 
         (b)   Minimum monthly charge. Each user shall pay a minimum monthly charge of $16.54, which entitles them to 2,000 gallons usage.
   (D)   County rates and charges. There shall be and are hereby established for the use of and the service rendered by the Jefferson County Sewer Division of The City of Madison Sewer Utilities, the following rates and charges, based on use and the user classes defined in division (A):
      (1)   Rates for metered usage per month.
 
Metered (Water) Usage
Monthly Rate Per 1,000 Gallons
First 2,000 gal. per month
$15.14
Next 1,000 gal. per month
$7.57
Next 2,000 gal. per month
$5.30
Over 5,000 gal. per month
$4.92
 
      (2)   Minimum monthly charge. Each user shall pay a minimum monthly charge of $30.28, which entitles them to 2,000 gallons usage. Multiple users shall pay a minimum charge based upon the number of equivalent users served, in accordance with the billing methodology prescribed in division (B).
      (3)   Surcharges. The city shall have the right to base its charges not only on the volume, but also on the strength and character of the sewage and waste discharged, either directly or indirectly, into the sanitary sewage system. The city shall have the right to measure the strength and content in such manner and by such method as may be deemed practical in the circumstances, in order to determine the appropriate charge. Any customer consistently discharging wastewater stronger than domestic strength (225 milligrams per liter of BOD or 250/mg/l of Suspended Solids) will be subject to surcharges, based upon both the flow and strength of the wastewater and the costs of collecting and analyzing samples. The rates for excessive strengths are as prescribed in the Madison Sewer Division's Sewer Regulations, which are currently $0.261 per pound of BOD in excess of 225 mg per liter or $0.217 per 1,000 gallons for each 100 mg of BOD per liter of $1.79 per 1,000 gallons for each 100 mg of SS per liter in excess of 250 mg per liter.
      (4)   Unmetered water. The quantity of water obtained from any source other than the city and discharged into public sanitary sewer system may be determined by the city in such manner as the Board of Public Works and Safety shall elect. That quantity shall be billed at the rates set forth herein.
      (5)   Connection/inspection fee. Application for a sewer connection permit shall be filed with the Sewer Utility Office on a form supplied by the city. Each user at the time of connection with the sanitary sewer system shall have paid a connection fee to the city for the actual costs incurred to complete the connection, as determined by the city. In the event the customer contracts to privately complete the connection, the city shall inspect and approve of the work prior to initiation of service to the customer and shall assess a fee. The fee shall be $350 for residential and other users, within the city limits and $550 for residential and other users outside the city limits. Mobile home and trailer parks shall pay a fee of $105 per space.
      (6)   Non-sufficient funds check. $20.
      (7)   Penalties for late payment. A penalty of 10% shall be assessed on any bill that has not been paid by the first day following the date upon which the payment is due.
      (8)   Liability for payment.
         (a)   The owner of the premises served, the occupant thereof, and the user of the sanitary sewer service shall be jointly and severally liable for the charges for the sewer service provided to said premises.
         (b)   When it becomes necessary for the city to discontinue service to a customer for nonpayment of bills, service will be reinstated only after all bills for service have been paid and any deposit requirements have been fulfilled. The city will discontinue service for nonpayment of bills only after providing notice and a meaningful opportunity to be heard on any disputed bills. A reconnection charge of $25 shall be paid before the service is reinstated.
   (E)   Surcharges.
      (1)   Basis for surcharges. The city shall have the right to base its charges not only on the volume, but also on the strength and character of the sewage and waste discharged, either directly or indirectly, into the sanitary sewer system. The City shall have the right to measure the strength and content in such manner and by such method as may be deemed practical in the circumstances, in order to determine the appropriate charge.
      (2)   City surcharge rates. Any customer consistently discharging wastewater stronger than domestic strength (225 milligrams per liter of BOD or 250 milligrams per liter of Suspended Solids (“SS”)) will be subject to surcharges, based upon both the flow and strength of the wastewater and the costs of collecting and analyzing samples. The rates for excessive strengths are as prescribed in the Madison Sewer Division’s Sewer Regulations, which are $0.407 per pound of BOD in excess of 225 milligram per liter or $0.815 per pound of BOD per liter in excess of 625 milligram per liter, and $0.337 per pound of SS in excess of 250 milligram per liter.
      (3)   Additional city surcharge. In addition to the surcharges described above, any customer consistently discharging wastewater stronger than domestic wastewater will be charged for the cost to collect and analyze each sample. The cost for this work shall be $30 for each sample and shall be subject to periodic review by the city.
   (F)   Individual contracts. Service to individual establishments may be by contract if the Board of Public Works determines that to be in the best interests of the city.
   (G)   Wastewater haulers. Customers permitted to transport wastewater to the publicly owned wastewater treatment plant shall pay a minimum charge of $200 per load for loads up to 2,000 gallons. All customers dumping at the plant must meet all current city standards.
(‘66 Code, §§ 51.02, 51.04, 51.05) (Ord. 1969-4, passed 11-18-69; Am. Ord. 1982-7, passed 7-6-82; Am. Ord. 1984-33, passed 12-18-84; Am. Ord. 1986-3, passed 4-8-86; Am. Ord. 1990-14, passed 7-17-90; Am. Ord. 1992-30, passed 12-8-92; Am. Ord. 1993-11, passed 5-4-93; Am. Ord. 1994-33, passed 12-6-94; Am. Ord. 1995-7, passed 5-16-95; Am. Ord. 2001-9, passed 7-3-01; Am. Ord. 2003-2, passed 1-21-03; Am. Ord. 2008-19, passed 12-16-08; Am. Ord. 2009-17, passed 1-5-10; Am. Ord. 2010-12, passed 7-6-10; Am. Ord. 2011-25, passed 12-20-11; Am. Ord. 2014-11, passed 8-5-14; Am. Ord. 2017-3, passed 6-20-17; Am. Ord. 2017-15, passed 10-17-17)
§ 51.167 MULTIPLE DWELLING UNITS; MOBILE HOME PARKS.
   (A)    In the event two or more dwelling units, such as trailers, apartments, or housekeeping rooms, discharge sanitary waste, water, or other liquids into the city's sanitary sewage system, either directly or indirectly; are users of water; and the quantity of water is measured by a single water meter, then billing shall be for a single service in the manner set out elsewhere herein, except that an additional charge shall be added thereto in the amount of $7.70 per month for each dwelling unit over one served through the single water meter.
   (B)   In the case of trailer parks, the number of dwelling units shall be computed and interpreted as the total number of trailers located and installed at said park, plus any other dwelling units served through the meter.
   (C)   "DWELLING UNIT" shall mean a room or rooms, or any other space or spaces, in which cooking facilities are provided.
('66 Code, §§ 51.02, 51.08) (Ord. 1969-34, passed 1-18-69; Am. Ord. 1982-7, passed 7-6-82; Am. Ord. 2003-6, passed 5-20-03)
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