(1) GENERAL. Any
user charge system and applicable ordinances adopted by a recipient shall be
maintained in accordance with s.
281.58 (14) (b) 7, Stats., for the useful life of a
wastewater treatment works. The applicant shall submit user charge information
to the department and shall certify to the department that the user charge
system meets all the applicable requirements in this section.
(2) APPLICABILITY. A user charge system and
sewer use ordinance is required of the applicant receiving financial assistance
under this subchapter for any wastewater treatment works project.
(3) USER CHARGE SYSTEM REQUIREMENTS. Any user
charge system under this section shall do all of the following:
(a) Require that each user or user class pays
its proportionate share of operation and maintenance costs, including
replacement costs, of the wastewater treatment works within the recipient's
service area.
(b) Provide that the
costs of operation and maintenance for all flow not directly attributable to
users be distributed proportionally among all users of the recipient's
wastewater treatment works.
(c)
Require that the charges for users or user classes generate sufficient revenue
to pay costs identified in par. (e) 2. and 3.
(d) Require that the recipient establish an
equipment replacement fund, maintain the equipment replacement fund as a
separate fund of the municipality, and make deposits to this fund on an annual
basis or maintain a balance acceptable to the department. This fund is to be
used for the costs of replacing equipment related to the wastewater treatment
works. The municipality may also use the equipment replacement fund for
unexpected, unbudgeted costs incurred for continuing effective operations of
the treatment works. The municipality shall periodically make appropriate
adjustments to the equipment replacement fund deposit schedule or balance,
including adjustments needed to restore the fund balance following an
expenditure from the fund.
(e)
Establish a financial management system that accounts for all of the following:
1. Revenues generated.
2. Costs of operations and maintenance of the
wastewater treatment works, including an appropriate amount of money to be
deposited annually into the equipment replacement fund.
3. Debt service costs, including debt service
reserves and debt coverage requirements. In this subdivision, "debt coverage"
means the ratio of net revenue available for debt service to the average annual
debt service requirements of an issue of revenue bonds.
(f) Require the review, at least once every 2
years, of the wastewater contribution of users and user classes, the total
costs of operations and maintenance of the wastewater treatment works, and the
overall user charge system.
(g)
Require that each user that discharges any toxic pollutants or high strength
wastes to a wastewater treatment works pay for any increased costs associated
with the discharge.
(h) Provide
that each user is notified, at least annually, in conjunction with a regular
bill, of the rate of charge attributable to service provided by the wastewater
treatment works.
(i) Be based on
actual or estimated use except as provided for under s.
281.58 (14) (b) 7, Stats.
(4) MUNICIPAL RESPONSIBILITIES. The
municipality shall do all of the following:
(a) Incorporate the user charge system in one
or more municipal ordinances or other legislative enactments and make reference
to the user charge system or systems in intermunicipal agreements if the
project serves more than one municipality.
(b) Terminate any term or condition of any
pre-existing agreement or contract between the recipient and a user that is
inconsistent with the requirements of this section.
(c) Maintain records to document compliance
with this section.
(d) For a
wastewater treatment works, enact and enforce a sewer use ordinance that does
all of the following:
1. Prohibits any new
connections from sources that will add substantial infiltration or inflow into
the sanitary sewer system.
2.
Requires that new sewers and connections to the sewer system be properly
designed and constructed.
3.
Requires that wastewater introduced into the treatment works not do any of the
following:
a. Endanger public safety or the
environment.
b. Jeopardize the
physical integrity of the treatment works.
c. Cause substantial upset to the treatment
process.
d. Cause a violation of
effluent or water quality limitations.
4. Defines normal domestic strength of the
wastewater.
5. Controls and
monitors industrial discharges by requiring control manholes, pretreatment, and
grease, oil, and sand interceptors.
6. Provides a methodology for establishing
sewer use rates that complies with sub. (3). A municipality may include an
optional class of low-income residential users, with incomes below a level
established by the municipality, who are charged at a lower rate than other
residential users.
7. Defines
violations and penalties for violators.
(5) DEPARTMENT REVIEW. The department may
annually review a recipient's user charge system to ensure that it continues to
meet the requirements of this section.
The performance standards are established in ch. NR 151.
The model ordinance is established in ch. NR
152.
