Public Works Committee — Agenda Packet
City of Pewaukee · Waukesha County · Public Works Committee · meeting of Jul 23, 2026 · Agenda packets
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Department of Public Works
Engineering Division
W240 N3065 Pewaukee Road
Pewaukee WI 53072
Phone: 262-691-0804
PUBLIC WORKS COMMITTEE
MEETING NOTICE AND AGENDA
Thursday, July 23, 2026
4:00 PM
Pewaukee City Hall Common Council Chambers
W240N3065 Pewaukee Road, Pewaukee, WI
1. Call to Order and Pledge of Allegiance
2. Public Comment - Please limit your comments to two minutes. If further time for discussion is needed,
please contact your District Alderperson prior to the meeting.
3. Discussion and Action Regarding the Minutes
3.1 Discussion and possible action to adopt Jun 11 2026 meeting minutes.
4. Water and Sewer Division
4.1 Discussion and possible action regarding the City of Pewaukee and Lake Pewaukee Sanitary
District Sewer Service Agreement expiration and possible extension.
4.2 Discussion on the status of the Well Siting Study.
4.3 Discussion on the adoption of Chapter 300 Sanitary Sewer Ordinance.
5. Engineering Division
5.1 Discussion and possible action regarding a draft Joint Quiet Zone Agreement with the Village of
Pewaukee.
6. Public Comment - Please limit your comments to two minutes. If further time for discussion is needed,
please contact your District Alderperson prior to the meeting.
7. Adjournment
Magdelene Wagner
Director of Public Works
July 23, 2026
NOTICE
It is possible that members of other governmental bodies of the municipality may be in attendance to gather information that may form a
quorum. At the above stated meeting, no action will be taken by any governmental body other than the governmental body specifically
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referred to above in this notice.
Any person who has a qualifying disability under the Americans with Disabilities Act that requires the meeting or materials at the
meeting to be in an accessible format must contact the DPW Main Office at (262) 691-0804 by 12:00 p.m. the Tuesday prior to the
meeting so that arrangements may be made to accommodate your request.
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City of Pewaukee - New Agenda Item
Agenda Language:
Sub Item Agenda Language:
Background Provided By:
Background:
Draft minutes for the Jun 11, 2026 meeting are attached for your review and approval.
Fiscal Impact:
Recommended Motion:
Commitee approve the minutes.
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City of Pewaukee
W240 N3065 Pewaukee Road
Public Works Committee Meeting Minutes
Thursday, June 11, 2026
In Attendance:
Mayor Steve Bierce, Alderman Jerry Wamser, Michael Kreiter, Jim Blackwood
Also In Attendance:
Director of Public Works M. Wagner, Chief Engineer-Utilities R. Wirtz, City Engineer M. Gabbey,
Utility Manager J. Mueller, Utility Assistant Manager R. Kincaid, Utility Billing Specialist R. Reed
1. Call to Order and Pledge of Allegiance
Mayor Bierce called the Public Works Committee Meeting to order at 4:00 PM. All present
were invited to rise for the Pledge of Allegiance.
2. Public Comment - Please limit your comments to two minutes. If further time for discussion
is needed, please contact your District Alderperson prior to the meeting.
No public comment was recorded.
3. Discussion and Action Regarding the Minutes
3.1 Discussion and possible action to adopt Apr 23, 2026 meeting minutes
Motion was made and seconded (M. Kreiter, J. Blackwood) to approve the April
23, 2026, meeting minutes. The motion passed unanimously.
4. Water and Sewer Division
4.1 Discussion and possible action regarding Well #8 PFAS Pilot Study [Mueller/Kincaid]
Ms. Mueller presented the findings of the yearlong PFAS pilot study conducted at Well
#8. She provided background, noting that Well #8 is situated within a residential
subdivision and that a primary design constraint throughout the study was finding a
treatment solution that could fit within the existing building footprint or be constructed
as an addition consistent with the character of the surrounding neighborhood.
The study concluded that an anion exchange system is the preferred treatment
technology for PFAS removal and would fit within the existing two-car and single-car
garage space, with excavation of the garage floor planned to accommodate the
treatment tanks. Ms. Mueller noted that anion exchange is the most proven
technology for PFAS removal and that the Village of Pewaukee and other
communities across the state, including West Bend, employ similar systems.
DRAFT
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A significant challenge identified during the pilot study was iron buildup within the
anion exchange media. Iron competes with PFAS for surface area on the media,
reducing treatment effectiveness. The proposed solution involves adding an iron-
removal pre-treatment step with aeration to oxidize and remove iron before the water
reaches the PFAS treatment system. Mr. Kincaid noted that the utility draws between
500 and 580 gallons per minute, making iron accumulation far more pronounced than
what a typical private well homeowner would experience.
Updated cost estimates, developed in consultation with the City's engineering
consultants on the day of the meeting, placed the total project cost at $3,540,000 for
the Well #8 location alone, revised upward from an earlier preliminary estimate of
approximately $2,000,000. Equipment and most of the mechanical work account for
approximately $2,440,000, with the remainder covering contingencies, engineering,
planning, and fees. Notable cost drivers include the need for helical piers due to the
site's filled soil conditions, upgraded well pumps and electrical systems, steel
treatment vessels and piping, and an 11,000-gallon holding tank (estimated at
$300,000) required to manage backwash discharge at a rate that would otherwise
exceed the existing sewer system's capacity.
Committee Member Blackwood inquired whether granular activated carbon (GAC)
might offer a more cost-effective alternative given the updated price. Mr. Kincaid
indicated that GAC is a less proven technology for PFAS removal; specifically, it
carries greater mechanical complexity, and while early estimates had suggested it
might be approximately $1,000,000 less expensive for the treatment system alone,
that figure did not account for the additional building construction costs that would be
required. Additional staffing demands for operating a GAC system were also noted as
a disadvantage.
The committee discussed the broader PFAS situation across the City's well system.
Ms. Mueller noted that Well #12 also exceeds PFAS limits but produces only 125
gallons per minute, making a $3.5 million treatment investment difficult to justify.
Instead, the City is exploring abandoning Well #12 and drilling a new deep well (Well
#13) at the same location to leverage the existing reservoir infrastructure and blend
treated water. Ms. Mueller also acknowledged that two other shallow wells show small
PFAS detections that have not yet triggered DNR action and that PFAS
concentrations at Well #8 have been observed to increase with higher pumping rates,
as the contaminant migrates through the aquifer. The source of PFAS contamination
in the area remains unidentified. Ms. Mueller noted that while an investigation might
theoretically narrow the source, given that two City wells and a Village of Pewaukee
well within approximately one mile of each other are all affected, the cost and
complexity of such an investigation would be substantial and are viewed as more
appropriately the responsibility of the DNR or EPA.
The committee moved to forward the item to the full Council for review.
Motion to forward the Well #8 PFAS Pilot Study to the Common Council was
made by Alderperson Wamser and seconded by J. Blackwood. The motion
carried unanimously.
DRAFT
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4.2 Discussion and possible action regarding the 2025 Annual Consumer Confidence
Report [Mueller/Kincaid]
Ms. Mueller presented the 2025 Annual Consumer Confidence Report, which is
mandated annually by the EPA and DNR for municipal water systems, with a July 1
deadline.
Ms. Mueller noted that beginning in 2027, the report will be required to be posted
twice per year. The report addresses water quality and includes notice of PFAS,
radium, and gross alpha contamination, which are also communicated to customers
via quarterly utility bill inserts. The City transitioned in the prior year from a special
mailer and hand-delivery program to posting the report on the City website, reducing
costs while remaining in compliance, with paper copies available upon request.
Motion to forward the 2025 Annual Consumer Confidence Report to the
Common Council was made by J. Blackwood and seconded by M. Kreiter. The
motion carried unanimously.
4.3 Discussion and possible action regarding the 2025 Compliance Maintenance Annual
Report [Mueller/Kincaid]
Ms. Mueller presented the 2025 Compliance Maintenance Annual Report, the annual
DNR report for the City's sanitary sewer system. The report received an "A" grade.
Ms. Mueller noted that the DNR flagged the need for a sewer rate review, as only the
first phase of the required rate study has been completed. The committee was
informed that it should expect a presentation from Ehlers by the end of the year with a
recommendation for updated sewer rates. It was noted that the DNR requires a rate
review every two years, and failure to complete it results in a 20-point deduction,
which would drop the City's grade from an "A" to a "C," triggering additional reporting
obligations.
Motion to forward the 2025 Compliance Maintenance Annual Report to the
Common Council was made by J. Blackwood and seconded by M. Kreiter. The
motion carried unanimously.
4.4 Discussion and Possible Action regarding Adoption of Sewer Ordinance Chapter 3XX
Ms. Mueller presented a draft of the updated Sanitary Sewer Ordinance, noting that
the current version dates to approximately 1996 and was inherited from the former
town sanitary district. The update modernizes the ordinance's language, format, and
regulatory references and ensures alignment with the ordinances of the City of
Brookfield and the City of Waukesha, both of which receive the City's wastewater for
treatment. Particular attention was given to industrial and non-residential users, who
must comply with the receiving municipalities' pretreatment requirements.
The draft also establishes clearer enforcement provisions for properties that have not
connected to the municipal sewer system within the required 15-year window,
DRAFT
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including a standby fee of 150 percent of the quarterly sewer bill (currently $211.50
per quarter) and a process for the City to enter a property and make the connection if
necessary.
The final section is being completed by the City Attorney prior to the ordinance being
submitted for adoption. The ordinance is scheduled for its first reading before the
Common Council on the following Monday, with the second reading and adoption
expected in July.
Motion to forward Sewer Ordinance Chapter 3XX to the Common Council was
made by M. Kreiter and seconded by J. Blackwood. The motion carried
unanimously.
4.5 Discussion and possible action regarding Mandatory Sewer Connections on Various
Assessment Districts [Wagner/Mueller]
Ms. Wagner presented an overview of assessment districts where the 15-year
mandatory sewer connection deadline has been reached, is imminent, or will arrive
within the next few years. The affected areas include Rolling Ridge/Arrowhead
(approximately 20–25 properties not yet connected), Green Road (approximately five
properties), Duplainville Road, Still River/Blue Mountain Road (the largest group, with
the deadline expiring in August 2026), and Valley View/Sunny Ridge.
The committee was informed that the City will be sending formal notices to property
owners in these districts, allowing one year from the date of the letter to complete
their connection. Following that period, the standby fee of $211.50 per quarter will be
assessed to properties that remain unconnected. Staff acknowledged that some
residents, particularly along Bluemound Road, where the developer was not required
to install sewer laterals, will face elevated connection costs, as those properties will
likely need to bore under the recently repaved roadway due to a five-year pavement
disruption restriction.
The committee was advised to anticipate some constituent pushback and potential
inquiries to both staff and the Council. Mrs. Wagner emphasized that the mandatory
connection policy has been in place for more than 20 years and that consistent
enforcement is now necessary. Alderperson Jerry Wamser abstained from the vote,
citing his residence within one of the affected areas.
Motion to forward the mandatory sewer connection policy and associated
notices to the Common Council was made by M. Kreiter and seconded by J.
Blackwood. The motion carried, with one abstention by Alderperson Wamser.
5. Highway Division
5.1 Discussion and possible action regarding whether to continue battery recycling at the
DPW Recycling Center. [Stevens]
DRAFT
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The discussion regarding whether to continue battery recycling at the DPW Recycling
Center was postponed because staff member Matt Stevens, who was set to present,
was not present. The discussion will be placed on the agenda for the next meeting.
6. Public Comment - Please limit your comments to two minutes. If further time for discussion
is needed, please contact your District Alderperson prior to the meeting.
No public comment was recorded.
7. Adjournment
A motion to adjourn was made by M. Kreiter and seconded by Alderperson Wamser. The
motion carried unanimously. The meeting was adjourned at 4:47 pm.
Respectfully Submitted
Magdelene Wagner
Director of Public Works
DRAFT
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City of Pewaukee - New Agenda Item
Agenda Language:
Discussion and possible action regarding the City of Pewaukee and Lake Pewaukee
Sanitary District Sewer Service Agreement expiration and possible extension.
Sub Item Agenda Language:
Background Provided By:
Magdelene Wagner
Background:
The City of Pewaukee and Lake Pewaukee Sanitary District (LPSD) have an agreement
which allows LPSD to operate within the City of Pewaukee. The Agreement outlines the
terms and conditions for the transport of the City's effluent and service to City parcels.
This agreement terminates at midnight December 31, 2027. The City needs to
determine if this agreement should be renewed or if the City should pursue discussions
with LPSD to merge into one sanitary district as a whole or the portion that is within the
City limits.
The LPSD system serves approximately 987 properties within the City of Pewaukee
which is approximately 64% of LPSD's customer base. The majority of the system was
installed in the 1970's which is some of the oldest sewers in the City of Pewaukee.
There are multiple lift stations as part of their system.
The operation of the two systems within the City's boundaries create challenges for
service, maintenance, and confusion for the City's residents. In addition, LPSD sewer
rates are $197 per REU per quarter compared to the City's $141 per REU per quarter.
We would like to begin the discussion if we pursue an agreement extension or a
possible merger of the systems.
Fiscal Impact:
Recommended Motion:
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City of Pewaukee - New Agenda Item
Agenda Language:
Discussion on the status of the Well Siting Study.
Sub Item Agenda Language:
Background Provided By:
Magdelene Wagner
Background:
The Well Siting Study is ongoing with our consultants. The study will provide possible
well sites in the City of Pewaukee for replacement wells. Our consultant is anticipating
to be completed with the desktop review (step 1) in late August. We will provide the
results of the study upon completion.
The City has received some media attention regarding our recent water supply studies.
If you receive a phone call to discuss this, please refer them to Director Maggie
Wagner.
Fiscal Impact:
Recommended Motion:
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City of Pewaukee - New Agenda Item
Agenda Language:
Discussion on the adoption of Chapter 300 Sanitary Sewer Ordinance.
Sub Item Agenda Language:
Background Provided By:
Magdelene Wagner
Background:
Chapter 300 Sanitary Sewer Ordinance has been adopted by the Common Council on
July 6, 2026. Attached is a copy for your reference.
Fiscal Impact:
Recommended Motion:
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CITY OF PEWAUKEE
CHAPTER 300 – SANITARY SEWER SERVICE ORDINANCE July 1, 2026
i
TABLE OF CONTENTS
§300-1 Scope
§300-2 Title
§300-3 Adoption of Administrative Codes
§300-4 Definitions
§300-5 Management
§300-6 Application
§300-7 Rules and Regulations
§ 300-8 Right of Entry
§ 300-9 Permits
§ 300-10 Prohibited Discharges
§ 300-11 Accidental Discharges
§ 300-12 Pretreatment Facilities
§ 300-13 Grease, Oil, Sand Traps and Inspection Manholes
§ 300-14 Wastewater Measurement and Sampling
§ 300-15 Industrial Waste Analysis
§ 300-16 Sewer Service Charges and Reserve Capacity Assessment
§ 300-17 Annual Budget and Method of Payment of Charges
§ 300-18 Equipment Replacement Account
§ 300-19 Records
§ 300-20 Confidentiality of Critical Information
§ 300-21 Violations
§ 300-22 Miscellaneous
§ 300-23 – Residential Equivalency Connection Table
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CITY OF PEWAUKEE
CHAPTER 300 – SANITARY SEWER SERVICE ORDINANCE July 1, 2026
1
SUBCHAPTER I. – GENERAL
§300-1 - Scope
The City of Pewaukee Sewer System consist s of the collection system (as hereinafter defined),
waste collection and disposal operations, system of sewerage and all other appurtenances and
equipment used for such purposes or Wastewater Works (as hereinafter referred to as the “Sewer
Utility”).
§300-2 - Title
The ordinance shall be known and cited as the Sanitary Sewer Service Ordinance.
§ 300-3 – Adoption of Administrative Codes
The following Wisconsin Administrative Codes, their referenced codes and standards, and
subsequent revisions are hereby made a part of this document by reference and adopted for
enforcement by the City:
Chapters SPS 381-387 Plumbing Code
Chapters NR 100-199 Environmental Protection General
Chapters NR 200-299 Wisconsin Pollutant Discharge Elimination System
§ 300-4 - Definitions
A. As used in this Ordinance the following terms shall have the meanings indicated:
(1) “ACT" means the Federal Water Pollution Control Act as amended, 33 U.S.C. 1251
et seq. as implemented or supplemented by Wis. Admin. Code NR 200.
(2) “Administrative Expenses ” means any and all expenses associated with the
administration of the Sewer Utility as defined by the Public Service Commission’s
Uniform System of Accounts.
(3) "Approving Authority" means the City of Pewaukee Common Council or its duly
authorized deputy, agent or representative.
(4) “BOD” (biochemical oxygen demand) means the quantity of oxygen expressed in
milligrams per liter (mg/l), utilized in the bio-chemical oxidation of organic matter
under standard laboratory conditions for five days at a temperature of 20 degrees
centigrade. The laboratory determinations shall be made in accordance with
procedures set forth in “Standard Methods”.
(5) "Building Sewer", "Lateral", or "Service Pipe " means a sewer which carries only
Sewage and Industrial Wastes from the building plumbing to the Public Sanitary
Sewer. The private sewer is that portion the building sewer up to the connection to
the mainline sewer. This portion of the sewer line is the responsibility of the
property owner to maintain.
(6) "Collection System" means the system of sewers and appurtenances for the
collection, transportation and pumping of domestic wastewater and industrial
waste.
(7) “CMAR” Compliance Maintenance Annual Report ” means the annual report
required to be submitted by the Sewer Utility to the WDNR under Wis. Admin.
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CITY OF PEWAUKEE
CHAPTER 300 – SANITARY SEWER SERVICE ORDINANCE July 1, 2026
2
Code NR 208, documenting the condition, operation and financial states of the
wastewater collection system.
(8) "Debt Retirement'' means all annual principal and interest requirements and
obligations of the Sewer Utility for the Wastewater Works.
(9) “Domestic Wastewater ” means water -borne wastes normally being discharged
from the sanitary conveniences of dwellings, institutions, free of industrial wastes
and in which the average concentration of suspended solids is established at or
below 200/mg/l and the BOD is established at or below 250 mg/l.
(10) "Flow Proportional Composite Sample " means a sample consisting of portions of
waste taken in proportion to the volume of flow of said wastes.
(11) "Industrial Cost Recovery" means recovery by the City from the industrial users of
Wastewater Works of the amount allowable to the treatment of wastes from such
users pursuant to Section 204(b) of the Federal Water Pollution Control Act, 33
U.S.C. Section 1284(b).
(12) “Industrial User ” means any non- governmental, non- residential user of publicly
owned Wastewater Works which discharges more than the equivalent of 2,000
gallons per day (GPD) of sanitary wastes and whose activities are identified in the
Standard Industrial Classification Manual, 1972, Office of Management and
Budget, as amended and supplemented, under the following divisions:
Division A. Agriculture, Forestry and Fishing
Division B. Mining
Division D. Manufacturing
Division E. Transportation, Communications, Electric Gas and
Sanitary Services
Division I. Services
In determining the amount of a user’s discharge for purposes of industrial and cost
recovery, the Sewer Utility may exclude domestic wastes or discharges from
sanitary conveniences. After applying the sanitary waste exclusion, dischargers in
the above divisions that have a volume exceeding 2,000 GPD or the weight of
biochemical oxygen demand (BOD) or suspended soli ds (SS) equivalent to that
weight found in 2,000 GPD of sanitary waste are considered industrial users.
Sanitary wastes , for purposes of this calculation of equivalency, are the wastes
discharged from residential users. Any non-governmental user of a publicly-owned
Wastewater Works which discharges wastewater to the Wastewater Works which
contains toxic pollutants or poisonous solids, liquids or gases in sufficient quantity
either singly or by interaction with other wastes, to contaminate the sludge of any
municipal systems, or to injure or to interfere with any sewage treatment process,
or which constitutes a hazard to humans or animals, creates a public nuisance, or
creates any hazard in or has an adverse effect on the waters receiving any discharge
from the treatment works, shall be an industrial user, even if it does not discharge
the equivalent of 2,000 gallons per day of sanitary wastes.
(13) “Industrial Waste” means any water -borne solids, liquids or gaseous wastes other
than domestic wastewater, resulting from discharging from, flowing from or
escaping from any commercial, industrial, manufacturing or food processing
operation or process or from the developme nt of any natural resource, or any
mixture of these with water or domestic wastewater.
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CITY OF PEWAUKEE
CHAPTER 300 – SANITARY SEWER SERVICE ORDINANCE July 1, 2026
3
(14) “Infiltration” means water other than wastewater that enters the sewage system
(including laterals) from the ground through such sources as defective pipes, pipe
joints, connections or manhole walls. Infiltration does not include and is
distinguished from inflow.
(15) “Inflow” means water other than wastewater that enters a sewerage system
(including laterals) from sources such as roof leaders, cellar drains, yard drains,
area drains, foundation drains, drains from springs and swampy areas, manhole
covers, cross connections between storm sewers and sanitary sewers, catch basins,
cooling towers, storm waters, surface runoff, street wash waters or drainage. Inflow
does not include and is distinguished from infiltration.
(16) "Intercepting Sewer” means a sewer constructed to receive the dry water flow of
untreated or inadequately treated sewage from one or more existing sanitary Sewer
System terminals other than from a dwelling or building that presently discharges
or formerly discharged flow direc tly into any waters of the slate, and convey the
flow to a treatment works, or is to serve in lieu of an existing or proposed treatment
works.
(17) “May” is permissive.
(18) “Natural Outlet” means any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
(19) “Normal Sewage ” means sanitary sewage in which BOD, Suspended Solids, or
phosphorus concentrations do not exceed normal concentrations of:
(a) A 5-day 20-degree Celsius BOD of not more than 250 parts per million;
(b) A Suspended Solids concentration of not more than 200 parts per million; or
(c) Phosphorus not more than 5 parts per million.
(20) “Operation and Maintenance Cost” means the actual sums spent by the Department
in the operation and maintenance of its Wastewater Works consisting of but not
limited to, each and all of the following purposes:
(a)Wages and salaries and employee- related expenses of operating, maintenance,
clerical, laboratory and supervisory personnel, together with fringe benefits and
premiums paid on such wages and salaries for the State of Wisconsin Workmen's
Compensation coverage.
Electrical power.
Chemicals, fuel and other operating supplies.
(a) Repairs to and maintenance of the Sewer System.
(b) Premiums for hazard insurance.
(c) Premiums for insurance providing coverage against liability for the injury to
persons (d)and/or property.
(e) Rents and leasing costs.
(f) Operation, licensing and maintenance costs for trucks and heavy equipment.
(g) Consultant and legal fees.
(e) Wastewater treatment, processing and transportation charges.
(21) “Parts Per Million ” means a weight -to-weight ratio; the parts per million value
multiplied by the factor of 8.34 shall be equivalent to pound per million gallons of
water. Parts per million (ppm) is equivalent to milligrams per liter (mg/l).
(22) “Persons” means any and all persons, natural or artificial, including any individual,
firm, company, municipal or private corporation, association, governmental agency or
other entity and agents, servants or employees.
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CITY OF PEWAUKEE
CHAPTER 300 – SANITARY SEWER SERVICE ORDINANCE July 1, 2026
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(23) “pH” means the logarithm (base 10) of the reciprocal of the hydrogen ion
concentration expressed in moles per liter. It shall be determined by one of the
procedures outlined in the "Standard Methods".
(24) “Pretreatment” means an arrangement of devices and structures, for the preliminary
treatment or processing of wastewater required to render such wastes acceptable
for admission to the public sewers
(25) “Public Sewer” means a sewer in which all owners or abutting properties have equal
rights and is controlled or owned by a public authority.
(26) “Replacement” means expenditures for obtaining and installing mechanical
equipment, accessories and appurtenances or major repairs to mechanical
equipment which are necessary during the useful life of the Wastewater Treatment
Facilities, Wastewater Pumping Stations, Flow Metering Devices, and Standby and
Auxiliary Pumping Equipment to maintain the capacity and performance for which
such items were designed, constructed or purchased.
(27) “Reserve Capacity Assessment” is the flow proportional share of the capital costs
expended for the sanitary sewer collection system.
(28) “Residential Equivalent Connection/Unit ” is the wastewater flow to the system
equivalent to that contributed by an average residential family. One household
equals 2.9 people x 68 gallons used per person per day per capita or 200
gal/day/household = 72,000 gallons per year.
(29) “Sanitary Sewer” means a sewer that conveys domestic wastewater or industrial
waste or a combination of both, and into which storm, surface and ground waters
or unpolluted industrial wastewater are not intentionally passed.
(30) “Sewer Service Charge” means the charges levied on users for the Operation and
Maintenance and Administrative costs of providing sanitary sewer service.
(31) “Sewer System” means all facilities for collecting, pumping, treating, and disposing
of domestic wastewater and industrial wastes.
(32) “Shall” is mandatory.
(33) “Slug” means any discharge of water or wastewater which in concentration of any
given constituent or in quantity of flow exceeds for any period longer than 15
minutes more than 5 times the average 24 -hour concentration or flows during
normal operation and shall adversely affect the collection system and/or
performance of the wastewater treatment works.
(34) “Standard Methods” means the examination and analytical procedures set forth in
the latest edition of “Standard Methods for the Examination of Water and
Wastewater” as prepared, approved and published jointly by the American Public
Health Association and the Water Pollution Control Federation.
(35) “Storm Sewer ” means a sewer which carries storm and surface drainage but
excludes domestic wastewater and industrial wastes.
(36) “Suspended Solids ” means solids that either float on the surface of, or are in
suspension in water, sewage or other liquids, and which are removable by a
laboratory filtration device. Quantitative determination of suspended solids shall be
made in accordance with procedures set forth in “Standard Methods”.
(37) “Unpolluted Water” is water of quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water quality
standards and would not be benefited by discharging to the sanitary sewers and
wastewater treatment facilities provided.
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CITY OF PEWAUKEE
CHAPTER 300 – SANITARY SEWER SERVICE ORDINANCE July 1, 2026
5
(38) “User” means any person discharging domestic wastewater or industrial wastes
into the collection system.
(39) “Utility Manager ” means the Superintendent of the wastewater treatment or
conveyance facilities who shall oversee and supervise the operations and functions
of the wastewater treatment or conveyance facilities.
(40) “Sewer Utility” means the City of Pewaukee Water & Sewer Utility established
by this Chapter.
(41) “Waste” means any solids, liquid or gaseous material or combination thereof
discharged from any residences, business building, institutions and industrial
establishments into the collection system or storm sewer.
(42) “Wastewater” means a combination of the water -carried waste discharged into
the collection system from residences, business buildings, institutions and
industrial establishments, together with such ground surface and storm water as
may be present.
(43) “Wastewater Pumping Station ” means a pumping facility utilized to pump
wastewater within the collections system.
(44) “Wastewater Treatment Facilities ” means any facilities, devices and structures
used for receiving and treating wastewater from the Sewer Utility ’s collection
system.
(45) “WPDES Permit ” means a permit to discharge pollutants obtained under the
Wisconsin Pollutant Discharge Elimination System (WPDES) pursuant to Wis.
Stat. Chapter 283.
(46) “Wastewater Works ” means any facilities, devices and structures used for
receiving wastewater from the Sewer Utility’s collection system.
§ 300-5 – Management
A. The operation, management and control of the Sewer Utility is hereby vested in the
Common Council of the City of Pewaukee and is referred to as the "Sewer Utility" or
the "Approving Authority". All records of the Sewer Utility shall be kept by the City
Clerk and Utility Manager in the Sewer Utility Office or other officially designated
place. The Sewer Utility shall have all the powers of a utility commission under Wis.
Stat. §66.076.
B. The Utility Manager shall have, except where otherwise provided, the general
management and control of all matters pertaining to the sanitary system and shall
enforce all state laws, ordinances and lawful orders relating to the construction,
alteration, re pair, removal, discharge and safety of sewer system infrastructure,
buildings and structures associated with the system.
C. In case of the absence, workloads or the inability of the Utility Manager to act, the City
may appoint one or more assistants who shall assist in the daily functions of the City as
necessary for the efficient enforcement of this chapter.
D. The rules, regulations and rates hereinafter set forth shall be considered part of the
contract with every individual or entity connected to the Sewer System. Said rules,
regulations and rates may be changed from time to time as determined by the Common
Council and the right is reserved to make special rates and contracts in all proper cases.
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CITY OF PEWAUKEE
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E. The Utility Manager or authorized agent(s) may at all reasonable hours, for any proper
purpose, enter upon any public or private premises and make inspection, and may
require the repair of the private system, removal of any illegal discharges into the
system, the production of the permit for any plumbing lateral work being done, or the
required license to conduct such work. No person shall interfere with or refuse to permit
access to any such premises to the representatives of the City while in the performance
of their duties.
§ 300-6 - Application
The application of this Chapter, its rules, regulations and rates shall apply to all individuals,
firms, corporations and institutions residing within the Sewer Service limits of the City of
Pewaukee, and any person, firm or corporation, by attachment to t he Sewer System or
otherwise by contract or agreement coming within the City of Pewaukee sewer service area
subsequent to the effective date hereof.
§ 300-7 – Rules and Regulations
A. Declaration of Policy
The Common Council of the City of Pewaukee finds and declares that public health,
comfort and safety is preserved and enhanced by the provisions of the Sewer System
in the promotion of a clean and healthful environment and that the failure to connect to
the Sewer System is contrary to minimum health standards.
B. The City of Pewaukee has entered into agreement s for wastewater treatment with the
City of Waukesha, and as co-owner of the regional wastewater treatment facility, Fox
River Water Pollution Control Center in the City of Brookfield. The Sewer Utility
hereby adopts by reference herein the City of Waukesha and the City of Brookfield’s
sewer use ordinances. All City of Pewaukee Sewer Utility Customers shall comply with
Sewer Use ordinance requirements of these ordinances in addition to this ordinance
together with any revisions or updates to these respective ordinances that may be
enacted from time to time.
C. Connection
(1) To assure preservation of public health, comfort and safety, the owner of any houses,
buildings, or properties used for human occupancy, employment, recreation, or other
habitations, situated within the City of Pewaukee and adjacent to a Public Sewer or
in a block through which a Public Sewer extends, or is otherwise reasonably
available, is hereby required at his/her expense to install suitable toilet facilities
therein, and to connect such facilities directly to the proper Public Sewer in
accordance with the provisions of this Ordinance.
(a) Sanitary sewer main that is extended in an area with existing buildings. Sanitary
sewer connection is required upon septic system failure, if the property is on a
holding tank or if an immediate health hazard exists within 30 days upon receipt
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of notice from the County Health Officer or City of Pewaukee Plumbing
Inspector, or 15 years from the “notice of sanitary sewer availability”.
(b) Non-residential properties are required to connect at the end of the 5-year period
from the date of the “notice of availability”.
(c) Mandatory sewer connections for new buildings that are erected where sanitary
sewer is available.
(d) Mandatory connections for parcels approved for development or subdivision
where land division is proposed for development of residences of less than 2
acres, and all non-residential developments.
(2) If a property owner fails to comply with the said notice to connect within the given
period of time, the Sewer Utility may, at its option:
(a) Enter into and onto the property to c ause such connection to be made and bill
the property owner for such costs. If such costs are not paid within 30 days, the
delinquent costs shall be assessed as a special tax lien against the property. The
entire amount of the delinquent costs shall be placed upon the property owner’s
tax bill unless the owner, within 30 of receipt of the bill, files a written notice
with the Sewer Utility selecting the option for a levy not to exceed 5 equal
annual installments, with interest at the rate of 10% per annum. Full payment
shall be due at time of sale of property.
(b) Impose a standby charge for the period in excess of 12 months that such failure
continues after the date the Public Sewer first becomes operational, following
10 days written notice to any owner failing to make a connection to the Sewer
System, for an amount equal to 150% of the Sewer Service Equivalency
Charge, payable quarterly for the period in which the failure to connect
continues. Upon failure to make such payment, all charges shall be levied as a
tax against the lot or parcel to which sewerage service was furnished.
D. Alternative Disposal Prohibited No person shall construct or maintain any privy, privy
vault, septic tank, cesspool, or other facility intended to be used for the disposal of domestic
wastewater, if a Public Sewer is available.
E. No person shall discharge to any Natural Outlet within the Sewer Utility in any area under
the jurisdiction of the Sewer Utility, sewage or other polluted waters, except where suitable
treatment has been provided in accordance with subsequent provisions of this Ordinance.
(1) Plumbers
No plumber or other person will be permitted to engage in or work at any
plumbing in connection with the Wastewater Works without first receiving a
license from the State of Wisconsin, Department of Safety and Professional
Service.
(2) Maintenance of Services
All sewer services within the limits of the Sewer Utility at the point of
connection to the street main and all street mains, shall be maintained and
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repaired by the Sewer Utility without expenses to the property owner, except
when damaged by negligence, carelessness or intentional acts on the part of
the property owner or occupant, in which case they will be repaired at the
expense of the property owner. All Building Sewers from the point of
connection at the street main to and throughout the premises served must be
maintained free of defective conditions by and at the expense of the owner or
occupant of the property served.
(3) Users
(a) Application for Service : Every person requesting connection to the
Sewer System shall file an application in writing to the Sewer Utility, in
such form as is prescribed for that purpose. The application must state
fully and truly all the uses which will be presently made. If any change
in use from that set forth is contemplated, the user must obtain further
application and permission from the Sewer Utility . If the applicant is
not the owner of the premises, the written consent of the owner must
accompany the application.
(b) Applications for service for a property with more than one building, or
more than one building with multiple units through one service
connection will require separate applications.
(c) If it appears that the service applied for cannot be provided by the Sewer
Utility, the Sewer Utility may reject the application. If the Sewer Utility
approves the application, it shall issue a permit for services as shown on
the application.
(d) All expenses relating to the connection to the Wastewater Works shall
be paid by the applicant or owner.
(e) Tap Permits: No connections to the sewer main shall be made without a
Tap Permit. Tap Permit applications must be completed prior to
issuance of the Plumbing permit and payment of all applicable fees.
Notification to the Sewer Utility must be made 48 hours prior to the
tapping to allow for Utility/Engineering inspection of service tap.
Obtaining a Tap Permit does not relieve a permittee of its duty to obtain
all other necessary permits, or pay fees required by any city, county,
state and federal laws, including those required by the State of
Wisconsin Plumbing Code. After sewer connections have been installed
into any building or upon any premises, no plumber shall make any
alterations, extensions, or attachments, unless the party order ing such
tapping or other work shall obtain and exhibit the proper permit for the
same from the Sewer Utility.
(f) User to Keep in Repair : All users shall, at their own risk and expense,
keep their service pipes in good repair and protected from frost, and
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shall prevent any unnecessary overburdening of the Sewer System. The
user is responsible for their service pipe from the street main through
their facility.
(g) User’s Use Only : No user shall allow other persons to connect to, or
permit other uses to be made of, the Sewer System through his/her lateral.
(h) User to Permit Inspection: Every user shall permit the Sewer Utility or
its duly authorized agent, at all reasonable hours of the day, to enter their
premises or building to examine the pipes and fixtures, and the manner
in which the drains and sewer connections operate; and they must at all
times, frankly and without conc ealment, answer all questions put to
them relative to its use.
(i) Responsibility: No claim shall be made against the Sewer Utility or its
agents or employees by reason of the breaking, clogging, stoppage, or
freezing of any service pipe; nor from any damage arising from
repairing mains, making connections or extensions or any other work
that may be deemed necessary by the Sewer Utility , absent legal
liability. The Sewer Utility may cut off the service at any time for the
purpose of repairs or any other necessary purpose, any permit granted
or regulation to the contrary notwithstanding.
(j) Whenever it becomes necessary to shut off the sewer service within an
area of the Sewer Utility , the Sewer Utility shall, if practicable, give
reasonable notice to each affected user.
F. Excavations
Excavation requirements in the public right -of-way shall be as specified and required by the
Sewer Utility over said right-of-way. In all cases, a permit is required.
(1) Laterals
(a) All laterals on private property shall be installed in accordance with State of
Wisconsin Administrative Code as amended from time to time.
(b) The Building Sewer shall be inspected by the City Plumbing Inspector or
his/her designee upon completion of placement of the pipe and before backfilling and
tested before and after backfilling. The City Plumbing Inspector or his/her designee
may order any pipes exposed and removed if said pipes were covered before
inspection.
(2) Tapping the Main
(a) No person(s), except those having special permission from the Utility Manager
or its designee, or persons in their service and approved by them, shall be permitted
under any circumstances to tap the Public Sanitary Sewers. The kind and size of the
connection to the Public Sanitary Sewers shall be that specified in the Sewer Tap
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Permit or order from the Sewer Utility. A minimum 48-hour notice shall be given to
the Sewer Utility prior to tapping any main to coordinate inspection of the tap on the
Public Sewer Main.
(b) Unless expressly approved by the Utility Manager, pipes shall always be
tapped at the side, and not within 6 inches of the joint, or within 24 inches of
another lateral connection.
(c) When any Building Sewer service is to be re-laid and there are two or more
buildings on such service, each building shall be disconnected from such service,
and a new and separate Building Sewer shall be installed for each building. Each
non-residential building shall install an inspection manhole.
§ 300-8 – Right of Entry The Sewer Utility, its’ agents and employees, shall be permitted to gain
access to such properties as may be necessary for the purpose of inspection, observation,
measurement, sampling and testing, in accordance with provisions of this Ordinance, pursuant to
Wis. Stat. § 66.121 through § 66.125.
§ 300-9 - Permits
A. PERMITS REQUIRED (DOMESTIC WASTEWATER) - No connection, disconnection or
reconnection shall be made to any of the sewers of the City from any building, premises,
excavation place or property of any kind whatsoever by any building drain, tap or building sewer
intended or designed to, or capable of, discharging any matter whether fluid or solid, into the
sewers of the City unless a permit has first been issued.
(1) APPLICATION FOR PERMITS - Application for a permit shall be made in writing upon
a form to be furnished by the City and shall state the name and address of the owner of
the building and the owner of the land on which it is to be erected, the name and address
of the contractor, the location of the building, the house number thereof and such other
information as the Utility Manager may require. With such application there shall be
submitted to the City a complete set of plans or a copy of a survey or site plan detailing
the proposed location of the sanitary sewer.
(2) WAIVER OF REQUIREMENTS - At the option of the Utility Manager , plans, data,
specifications and survey need not be submitted with an application for permit to execute
minor alterations and repairs to any sewer lateral, private sewer main or private
equipment, provided the proposed construction is sufficiently described in the application
for permit.
(3) REVOKING PERMITS
(a) The Utility Manager may revoke any permit issued under the regulations of this code
and may stop construction for any of the following reasons:
1. Whenever there is a violation of any regulation of this code or of any other
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ordinance, law, and orders, Wisconsin Statute or Wisconsin Administrative
Code relating to the same subject matter;
2. Whenever the continuance of any construction becomes dangerous to life or
property;
3. Whenever there is any violation of any condition or provision of the
application for permit or of the permit;
4. Whenever any false statement or misrepresentation has been made in the
application for permit, plans, drawings, data, specifications or plot plan on
which the issuance of the permit or approval was based;
(b) Whenever there is a violation of any of the conditions of an approval for the use of
any new materials, equipment, methods of construction devices or appliances.
(c) The notice to revoke a permit, certificate of compliance or approval shall be in writing
and shall be served upon the applicant for the permit, owner of the premises and his
agent, if any, and on the person in charge of construction. A “stop work order” shall
be posted on the construction site.
(d) After the notice is served upon the persons and posted, it shall be unlawful for any
person to proceed thereafter with any construction operation whatsoever on the
premises and the permit which has been so revoked shall be null and void . Before
any construction or operation is again resumed, a new permit, as required by this
code, shall be procured and fees paid therefore and thereafter the resumption of any
construction or operation shall be in compliance with the regulation of this code.
(4) FEES – All applications for a permit must be accompanied by the proper fee. Permit
fees shall be set from time to time by resolution of the Commission.
(5) EXPIRATION OF PERMIT
(a) The permit shall become void unless construction is commenced within six (6)
months from the date the permit is issued or if the work authorized by such permit
is suspended at any time after work is commenced, for a period of more than sixty
(60) days. The permit shall expire twelve (12) months from the date the permit is
issued. Time periods referenced herein may be extended by the Utility Manager if
the delay was due to conditions beyond the control of the applicant. No additional
permits for the same work shall be issued unless a timetable of completion is
agreed upon by the Utility Manager.
(b) Before commencing or recommencing work after the expiration of a permit, a new
application and appropriate fee shall be submitted and issued.
B. WASTEWATER DISCHARGE PERMIT (NONDOMESTIC WASTEWATER)
(1) Wastewater Discharge Permit: A wastewater discharge permit is required under this
section if a person’s discharge into the Sewer Utility’s Wastewater Works has any
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of the following components or is otherwise required by the Brookfield or
Waukesha Ordinance:
(a) A BOD greater than 250 mg/l
(b) A total suspended solids concentration greater than 300 mg/l.
(c) A volume of 25,000 gallons per day or greater is discharged by any user at one
or more points of discharge.
(d) Any of the characteristics listed under Section 300-10.
(e) Phosphorus 5mg/l.
(f) Ammonia nitrogen NH3N 25mg/l
Any person planning to discharge, changing the characteristics of discharge or
whose discharge permit has expired shall make application to the Utility Manager
or its designee within 60 days prior to the discharge. All persons currently
discharging shall make application to the Utility Manager or its designee within
60 days after passage of this Ordinance and must have an executed permit within
60 days of application to discharge or shall discontinue discharging. A discharge
permit shall be required for each separate point of discharge into the Sewer
Utility ’s Wastewater Works. No person shall discharge waste or wastewater into
the Sewer Utility Wastewater Works without a wastewater discharge permit, if
required by the section.
(2) Permit Application : Users seeking a wastewater discharge permit shall
complete and file an application with the Sewer Utility office on the form
prescribed by the Sewer Utility . In support of this application, the user shall
submit the following information:
(a) Name, address, and standard industrial classification number of
applicant.
(b) Average daily volume of wastewater to be discharged.
(c) Wastewater constituents and characteristics as determined by a method
approved by the Utility Manager or its designee.
(d) Time and duration of discharge.
(e) Average and peak wastewater flow rates, including daily, monthly and
seasonal variations, if any.
(f) Site plans, floor plans, mechanical and plumbing plans and details to
show all sewers and appurtenances by size, location and elevation.
(g) Description of activities, facilities and plant processes on the premises
including all materials and types of materials which are, or could be,
discharged.
(h) Each product produced by type, amount and rate of production.
(i) Number and type of employees and hours of work.
(j) Any other information as may be deemed by the Sewer Utility to be
necessary to evaluate the permit application.
(3) Permit Conditions: Wastewater discharge permits shall be expressly subject
to all provisions of this Ordinance and all other regulations, user charges and
fees established by the Approving Authority. The conditions of wastewater
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discharge permits shall be uniformly enforced by the Sewer Utility in
accordance with this Ordinance, and applicable State and Federal regulations.
Permit conditions shall include the following:
(a) The Residential Equivalency Charge, Sewer Use Charge and
Schedule for Surcharge fees for the wastewater to be discharged to
the Wastewater Works.
(b) The average and maximum wastewater constituents and
characteristics.
(c) Limits on rate and time of discharge or requirements for flow
regulations and equalization.
(d) Requirements for installation of control manholes.
(e) Pretreatment requirements.
(f) Requirements for maintaining plant records relating to wastewater
discharges as specified by the Sewer Utility and affording the Sewer
Utility access thereto.
(g) Average and maximum pollutant concentrations and total daily
average, and maximum pollutant discharges for all pollutants subject
to limitations and prohibitions which are present in the user's
wastewater discharge.
(h) Entering into a contractual agreement with the Sewer Utility . The
contractual agreement shall contain the conditions set forth in the
discharge permit, requirements for industrial cost recovery charges
and other items deemed necessary by the Approving Authority.
(i) Other conditions as deemed appropriate by the Sewer Utility to
ensure compliance with this Ordinance.
(4) Duration of Permits: A permit shall be issued for 1 year, or on a case-by-case
basis, and shall be automatically renewed on a year -to-year basis thereafter,
unless the person is notified by the Utility Manager or its designee within 60
days prior to the expiration of the permit or any renewal thereof. After such
notification by the Utility Manager or its designee, the permit shall expire at
the end of that year. The terms and conditions of the permit shall be subject
to modification and change by the Utility Manager or its designee or the Fox
River Water Pollution Control Center during the life of the permit, if required
because of any Ordinances, statutes or rules and regulations of the Approving
Authority of any applicable state or federal body. The person shall be
informed of any proposed changes in his/her permit at least 60 days prior to
the effective date of change. Any changes or new conditions in the permit
shall include a reasonable time schedule for compliance.
(5) Transfer of a Permit : Wastewater discharge permits are issued to a specific
user for a specific operation. A wastewater discharge permit shall not be
reassigned or transferred or sold to a new owner, new user, different premises,
or a new or changed operation.
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(6) Revocation of Permit : Any user who violates any of the conditions of their
permit contractual agreement, or this Ordinance; or the Brookfield Industrial
Wastes Code 13.20 as updated from time to time; or of applicable State and
Federal regulations, is subject to having their permit revoked.
§ 300-10 - Prohibited Discharges
A. No person shall discharge or cause to be discharged any storm water, ground water, roof
runoff, yard drainage , yard fountain, swimming pool or pond overflow into the collection
system. Unpolluted water or waste shall be discharged to only storm sewers or to a natural
outlet. Any person violating this provision shall disconnect the source of the Prohibited
Discharge within 15 days of notification by the Utility Manager.
B. No person shall discharge or cause to be discharged to the collection system either directly
or indirectly any of the following described wastes or wastewater:
(1) Any liquid having a temperature higher than 140 degrees Fahrenheit (60 degrees
Celsius). Using test methods specified in 40 CFR Section 261.121.
(2) Any wax, grease, or oil, plastic or any other substance that will solidify or
become discernibly viscous at temperatures between 32 degrees to 150 degrees
Fahrenheit (0 degrees to 65 degrees Celsius).
(3) Any solids, liquids or gases which by themselves or by interaction with other
substances may cause fire, explosion, hazards, create toxic fumes or in any other
way be injurious to persons or property involved in the operation or
maintenance of the Sewer System.
(4) Solid or viscous substances in quantities or of such size capable of causing
obstruction to the flow in sewers, or other interference with the proper operation
of the Wastewater Works, such as, but not limited to, ashes, cinders, sand, mud,
straw, shavings , metal, glass, rags, feathers, tar, plastics, wood, unground
garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes,
cups, milk containers, etc., either whole or ground by garbage grinders.
(5) Any premoistened non- woven disposable wipe marketed as a baby wipe or
diapering wipe; any premoistened non-woven disposable wipe that is composed
entirely of or in part of petrochemical-derived fibers and is marketed as cleaning
wipes, disinfecting wipes, hand sanitizing wipes, antibacterial wipes, personal
care wipes, or hygiene wipes. Additional care should be taken to avoid washing
human and pet hair down the drain.
(6) Any garbage that has not been properly comminuted or shredded to such a degree
that all particles will be carried freely in suspension in the municipal sewers
(100% passing ½ inch screen, 90% passing ¼ inch screen).
(7) Any noxious or malodorous substance, which either singly or by interaction with
other substances is capable of causing odors objectionable to persons of ordinary
sensitivity.
(8) Any wastes or wastewater having a pH lower than 5.5 or higher than 9.0 or having
any corrosive property capable of causing damage or hazards to the Sewer
System.
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(9) Any wastes or wastewater of such character and quantity that unusual attention
or expense is required to handle them in the Sewer System.
(10) Any wastewater or wastes containing a toxic or poisonous substance such as
plating or heat treating wastes in sufficient quantity to injure or interfere with
wastewater treatment process, to constitute a hazard to humans or animals, to
create any hazard in the Sewer System, or which would cause the Sewer Utility
wastewater treatment facilities to discharge any of the following pollutants in
quantities in excess of the limitations established in the Wisconsin Administrative
Code or WPDES Permit: cyanide, hexavalent chromium, trivalent chromium,
copper, nickel, cadmium, zinc, phenols, iron and tin.
(11) Any radioactive wastes greater than allowable releases as specified by the current
United States Bureau of Standards Handbooks dealing with the handling and
release of radioactivity.
(12) Free or emulsified oil and grease exceeding on analysis an average of 300 mg/L
of either or both of combinations of free or emulsified oil and grease, if, in the
opinion of the Utility Manager it appears probable that such wastes or wastewater:
See Section § 300-13 Fats, Oils, and Grease and sand trap installations.
(13) Any cyanides or cyanogen compounds capable of liberating hydrocyanic gas or
acidification in excess of 0.5 mg/l by weight as cyanide in the wastes.
(14) Wastes or wastewater which:
(a) Cause unusual concentrations of solids or composition; as for example,
in total suspended solids of inert nature (such as Fuller's Earth) and/or
in total dissolved solids (such as sodium chloride, or sodium sulfate).
(b) Cause excessive discoloration in the wastewater treatment facilities
discharge.
(c) Has BOD in excess of “normal strength” defined as waste not exceeding
250 mg/l, 300mg/l of Total Suspended Solids (TSS), 5 mg/l of
Phosphorous or 25mg/l of ammonia nitrogen (NH3N) based upon a 24-
hour composite sample.
(d) Is discharged without application for a wastewater discharge permit or
contractual agreement.
(e) Cause damage to the collection system or impair the treatment process.
C. No person shall allow the discharge of slugs of water or wastes to the collection system which
may be harmful to the operation of the Sewer System. Where, in the opinion of the Utility
Manager, slugging does occur, each person producing such a discharge into the collection
system shall construct and maintain at his/her own expense, a storage reservoir of sufficient
capacity with flow control equipment to ensure an equalized discharge over a 24-hour period.
(1) No person shall discharge any waste or wastewater which would cause the
wastewater treatment facilities to be in violation of any of the requirements of
their WPDES permit.
(2) No person shall connect to and discharge to the collection system, unless there is
capacity available in all downstream components of the Sewer System as
determined by the Sewer Utility.
§ 300-11 - Accidental Discharges
Any person who accidentally discharges wastes or wastewater prohibited into the
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sanitary sewers or storm sewers shall immediately report such discharge to the S ewer
Utility.
§ 300-12 - Pretreatment Facilities
A. The Approving Authority may require pretreatment facilities of any person discharging
or planning to discharge industrial waste, if the waste or wastewater:
(1) Could cause damage to the collections system.
(2) Impair the treatment process.
(3) Cause the Utility to incur treatment costs exceeding those of domestic
wastewater.
(4) Have any of the characteristics of the “Prohibited Discharges” described in
Ordinance Section 300-10.
(5) Cause the wastewater treatment facilities to exceed its total design loading
for volume BOD, suspended solids or pollutant.
(6) Cause a particular industry to exceed its design allocation for volume,
BOD, suspended solids or any other pollutant.
B. Construction, operation and maintenance of pretreatment facilities shall be at the
expense of the person discharging the industrial waste.
C. Plans, specifications and any other pertinent information relating to proposed
pretreatment facilities shall be submitted for review of the Utility Manager prior to the
start of construction.
D. In accordance with Wis. Admin. Code NR 114, all pretreatment facilities shall be
operated by qualified personnel holding certificate of the proper class issued by the
WDNR.
§ 300-13 - Grease, Oil, Sand Traps and Inspection Manholes
All Commercial Establishments and other users as described in this Section shall comply with
the provisions set forth herein.
A. Commercial Establishments are those involved in the preparation of food for commercial
purposes (i.e., preparing, serving or otherwise making available for consumption foodstuffs)
and that use one of the following preparations activities: cooking by frying, baking, grilling,
sautéing, rotisserie cooking, broiling, blanching, roasting, poaching, infrared heating, searing,
barbecuing, and other food preparation activities that produce a hot, non- drinkable food
product in or on a receptacle that requires washing. These facilities include, but are not limited
to restaurants, bakeries, cafeterias, hot els, motels, hospitals, nursing homes, grocery stores,
schools, churches, caterers, convenience stores, movie theaters, and other users as determined
by the City of Pewaukee who discharge applicable waste. Commercial Establishments also
include those that discharge grease and/or oil to the sanitary drain system such as oil change
garages, car washes automobile repair facilities or any facility engaged with petroleum or
mineral based materials.
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B. Any new or existing Commercial Establishments or a facility that produces Fats, Oils, and
Grease (FOG) shall be required to submit a FOG control plan that will effectively control the
discharge of undesirable materials into the wastewater collection system. This will include
but not be limited to best mana gement practices (BMP) and grease and/or sand interceptors.
Existing facilities will not be exempt nor “grandfathered” from this requirement. Grease, oil,
and sand interceptors or traps shall be provided 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.
C. Installation Requirements
(1) All interceptors or traps shall be of a type and capacity approved by the WDNR
and Wis. Admin. Code SPS 382.34 and shall be located so as to be readily and
easily accessible for cleaning and inspection, and to be effective in capturing
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, gas tight,
watertight, and equipped with easily removable covers.
(2) All sewer flows from toilets, urinals, lavatories, etc., shall not be discharged into
the grease interceptor. These flows shall be conveyed separately to the sanitary
sewer service lateral.
(3) Only floor drains which discharge or have the potential to discharge grease shall
be connected to a grease interceptor.
(4) Garbage disposals if used must be connected to the grease interceptor.
(5) Commercial dishwashers must be connected to grease interceptors. Interceptors
must be sized to allow enough detention time to allow water to cool and solidify
and float to the top of the interceptor.
(6) Grease interceptors shall be constructed and sized in accordance with the State
of Wis. Admin. Code SPS 382.34.
(7) Approval of proposed facilities or equipment by the WDNR or the Wisconsin
Department of Safety and Professional Services 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 Fats, Oils or Grease Producing
facility of the responsibility of enlarging, relocating or otherwise modifying such
facilities to accomplish the intended purposes.
(8) Access to grease interceptors shall be available at all times to allow for proper
maintenance and inspection.
D. Multi-tenant buildings shall have constructed and maintained means for access for sampling
and measure flow of all discharges to the sanitary sewer for each tenant to the satisfaction of
the City of Pewaukee. This includes but is not limited to the construction of a sampling
manhole for each tenant. All monitoring facilities shall be constructed and maintained in
accordance with all applicable state and local construction standards and specifications. Plans
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for the installation of monitoring facilities and related equipment shall be submitted for review
and approved by the Utility Manager prior to the beginning of construction.
E. All grease, oil, and sand interceptors or traps shall be maintained by the user at his/her expense
in continuously efficient operation and meet the discharge limits at all times. Grease
interceptors must be pumped out completely at a minimum of every 90 days. Some interceptors
may require pumping on a more frequent basis. Maintenance of grease trap shall include the
complete removal of floating and settled solids and inspecting and/or repairing any portion of
the interceptor that is not functioning properly. Grease hauling shall be performed by a
qualified licensed hauler.
F. Users must provide documentation with the following information at the request of city
inspectors.
(1) Date
(2) Condition of interceptor after pumping, including needed repairs
(3) Name and license number of haulers
(4) Phone number of haulers
(5) Quantity pumped (volume)
(6) Waste disposal site location and contact information
(7) A copy of the original manifest for the waste hauler
Documentation must be retained for a period of no less than 3 years and made available upon
request by the City of Pewaukee.
G. The City of Pewaukee shall have the right to inspect grease interceptors and traps to determine
compliance with the requirements of this title. The discharger shall allow the Utility Manager
or his/her designee to enter upon the premises of the discharger at all reasonable hours for
purposes of inspection, sampling or records examination. Upon written notification by the City
of Pewaukee, the facility shall be required to perform maintenance and submit a remediation
report to the City of Pewaukee within a timeframe deemed reasonable by the Sewer Utility
Manager. Upon inspection by the City of Pewaukee, the facility may be required to install at
their expense, additional controls to provide a complete system that prevents discharges of
undesirable materials into the wastewater collection system.
H. Chemical treatments such as drain cleaners, acid or other chemical additives to emulsify or
remove grease are strictly prohibited. The introduction of grease or fat into a grease interceptor
shall be prohibited per Wis. Admin. Code 382.34(5)(e).
§ 300-14 - Wastewater Measurement and Sampling
A. Wastewater flows shall be assigned in accordance with the Residential Equivalency
Connection Table provided in Section § 300-23 unless:
(1) Any lot, parcel of land, building or premises discharging domestic wastewater
or industrial waste into the collection system, the owner or occupant of such
property install s necessary metering equipment as approved by the Sewer
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Utility Manager to measure the quantity of water pumped or discharged to the
collection system. The user charge shall be based on the quantity of water so
measured. Whenever the person fails to install such metering equipment, or
where it is not practicable to measure the w ater consumed on any premises by
a meter or meters, the Sewer Utility Manager shall determine the estimated
volume of water discharged into the Wastewater Works.
(2) The City of Pewaukee may require the installation of devices for metering the
volume of waste discharged if those volumes cannot otherwise be determined
or if the user discharges over 25,000 gallons on any day for significant industrial
users. The metering devices shall be owned and maintained by the property
owner or user and may not be removed without consent of the Sewer Utility
Manager.
(3) Control Manholes/Inspection Manholes : All persons discharging non-
residential wastes into the Wastewater Works shall construct and maintain
control manholes in suitable and accessible positions on public property, public
right-of-way or easement to facilitate the observation, measurement and
sampling of all wastes or wastewater. Control manholes shall be located and
constructed in a manner approved by the Sewer Utility Manager. Plans shall be
submitted to the Sewer Utility Manager prior to construction.
(4) Multi-tenant, non-residential 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 Sewer Utility Manager.
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 Sewer Utility Manager prior to the
beginning of construction.
§ 300-15 - Industrial Waste Analysis
A. The City of Pewaukee, Fox River Water Pollution Control Center or it’s designee shall
collect samples and perform laboratory tests on industrial waste discharges as necessary
to verify quantity of flow and character and concentration of an industrial waste. The test
results shall be used to determine the applicable surcharge.
B. Waste or wastewater discharge may be sampled manually or by the use of mechanical
equipment as necessary to obtain a representative 24 -hour composite sample. Samples
shall be taken at intervals as determined by the Sewer Utility Manager or the Fox River
Water Pollution Control Center.
C. When Wis. Admin. Code NR 202 require s the submittal of the character, and
concentration of wastes , waste volume and production information to the City of
Pewaukee or Fox River Water Pollution Control Center or WDNR, the user shall have the
waste character and concentration determined by a WDNR certified testing laboratory. A
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copy of the test results and WDNR reports shall be submitted to the Sewer Utility
Manager.
D. All measurements and test analysis of the characteristics of industrial wastes shall be
determined in accordance with "Standard Methods".
§ 300-16 – Sewer Service Charges and Reserve Capacity Assessment
A. Basis for Sewer Service Charges - The sewer service charge imposed under this section
shall generate sufficient revenues to pay the total operation and maintenance costs
necessary to the proper operation and maintenance (including replacement) of the Sewer
System. Such system of sewer service charges shall maintain the proportional distribution
of operation and maintenance costs among user classes.
B. Sewer Service Charge
(1) A Sewer Service Charge is hereby imposed upon each building or premise
(user) served by the Sewer System or otherwise discharging sewage,
including non-domestic and industrial wastes, into the system. The annual
Sewer Service Charge shall be the sum of the following components,
rounded to the nearest 10th of a dollar when computed on a quarterly basis:
(a) One Administrative Component;
(b) The product of the Operation and Maintenance Component times the
number of residential equivalent connections assigned to a user; and
(c) The product of the Debt Service Component times the number of
residential equivalent connections assigned to the user.
(2) The Administrative Component shall be the product of 50% of the Utility’s
budgeted administration costs divided by the base number of sewer users.
(3) The Operation and Maintenance Component shall be the product of the
budgeted sewer system operating and maintenance costs divided by the base
number of residential equivalent connections. Depreciation expense shall be
included in the Operation and Maintenance Component of the Sewer Service
Charge. The depreciation expense included in the Utility’s budget for
operation and maintenance shall be computed on a basis consistent with
generally accepted accounting principles. At a minimum, depreciation
included in the Operation and Maintenance Component of the Sewer Service
Charge shall equal the yearly replacement costs as defined by Wis. Admin.
Code NR 128.3, and 40 CFR 35.2005(30)(i) and (ii) of the Federal Register.
(4) The Debt Service Component shall be the product of the debt service
requirement necessary to make the subsequent year's payments on the
Wisconsin Clean Water Fund Loan, or any other financing used to upgrade
and expand the Fox River Water Pollution Control Center, Interceptors with
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shared flow between the Lake Pewaukee Sanitary District, Town of
Brookfield Sanitary District No. 4 and the City of Brookfield, and the Village
of Pewaukee's force main and lift stations, and any other costs as assigned
by the Common Council of the City of Pewaukee divided by the base number
of residential equivalent connections.
(5) The Debt Service Component is intended to accumulate, by the end of each
calendar year, funds sufficient to meet the subsequent year's debt service
needs. The Utility has established a Reserve Capacity Assessment (RCA) to
finance, among other projects, the costs of new, upgraded, a nd existing
capacity in the Fox River Water Pollution Control Center. Any and all funds
collected through the RCA may be used to offset the Debt Service
Component of the Sewer Service Charge. The Common Council shall
determine, in conjunction with the approval of the annual Sewer Service
Charge, the amount, if any, of accumulated RCA f unds to be used to offset
the Debt Service Component of the Sewer Service Charge.
(6) The Base Number of Residential Equivalent Units shall be the number of
residential equivalent connections serviced by the Utility as of the last day
of the preceding fiscal year.
(7) The Base Number of Sewer Users shall be the number of sewer users
serviced by the Utility as of the last day of the preceding fiscal year.
C. Quarterly Billings: Users shall be billed quarterly for one quarter of the annual Sewer
Service Charge. Such bills become due and payable on the 10 th of the month following the
period for which service is rendered. A late payment charge of 1.0% per month shall be added
to bills not paid within 20 days of issuance. The late payment charge shall be applied to the
total unpaid balance for utility service, including unpaid late payment charges. The late
payment charge is applicable to all customers.
D. Prorated Billings: Quarterly billings of the Sewer Service Charge shall be prorated for
new service connections based upon the number of months of service during the quarter.
Service starting on or before the 15th day of the month shall be treated as occurring on the
first day of that month. Service starting after the 15th day of the month shall be treated as
occurring on the 1st day of the subsequent month.
(1) Excess Revenues: Excess Revenues collected from a user class within a fiscal
year shall be applied to that user class for the Operation and Maintenance
Component of the Sewer Service Charge in the subsequent year. Excess
revenues shall be computed by the end of the second quarter of the subsequent
fiscal year and shall be applied equally to the Sewer Service Charge for the
second, third and fourth quarter of the fiscal year. Excess Revenues shall be
defined as that amount of revenue generated by the Sewer Service Charge in
excess of the sum of:
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(a) Actual Operation and Maintenance Costs, including 100% of actual
depreciation expense computed on a basis consistent with generally
accepted accounting principles,
(b) Administrative Costs allocated to the sewer utility,
(c) All debt service costs allocated to the sewer utility, and
(d) A rate of return of 8.5% on the sewer utility’s Net Investment Rate Base.
(2) Net Investment Rate Base: shall be the larger of zero or the average net book
value of sewer system assets, including assets constructed jointly with other
governmental agencies, individuals, or other organizations, less the average of
contributions in aid of construction.
(3) Notification: Users shall be notified annually of the portion of the Sewer
Service Charge attributable to wastewater treatment services.
E. Industrial and Commercial Charges for Other Than Domestic Wastewater and
Surcharge for Discharging Conventional Pollutants.
(1) Charges for Wastewater other than Domestic Wastewater shall be based on
Flow, BOD, Suspended Solids, Phosphorus and such other constituents which
affect the cost of the collection and treatment. All persons discharging wastes
into the Sewer System are subject to a surcharge, in addition to any other
wastewater service charge, if their wastewater has a concentration greater than
Domestic Wastewater concentrations. The volume of flow used for computing
waste surcharges shall be the metered water consumption, or the actual volume
of waste as determined by an industrial waste meter in installation. The amount
of surcharge shall reflect the cost incurred by the Sewer Utility in removing
BOD, Suspended Solids, Phosphorus, and other pertinent constituents. The
surcharge shall be computed on the basis of Model No. 2, Federal Register, Vol.
39, No. 29, Feb. 11, 1974, p. 5270.
Surcharge = [B (B) + S (S) + P (P)] V
(2) Surcharge for Discharge of Toxic Pollutants
Users discharging toxic pollutants prohibited by this ordinance, shall in addition
to any fines or penalties levied by the Sewer Utility pay for any increased
operating, maintenance, including depreciation, and administrative costs
attributable to such discharge.
F. Reserve Capacity Assessments
The City has levied and assessed upon each lot or parcel of land currently within the
Sewer Utility, but not having an existing connection to the Sewer System and upon
land subsequently attached to the Sewer Utility , a Reserve Capacity Assessment
(RCA). Each RCA charge shall be payable as herein provided and shall be on the basis
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of one RCA charge for each Residential Equivalent Connection connected to the
Sewer System.
(1) Schedule of Charges : The Reserve Capacity Assessment for a single- family
residence shall be as determined by resolution by the Common Council which
shall also be the unit of charge for a Residential Equivalent Connection. The
Director of Public Works/City Engineer shall dete rmine the residential
equivalency units for all other categories of buildings. Special charges may be
determined by the Approving Authority for large commercial or industrial
users. The RCA charge shall be increased as required from time to time by the
Sewer Utility.
(2) Payments: Payments of the RCA charge for future connections shall be made
in full prior to the issuance of a building or plumbing permit.
G. Special Rates: The approving authority may at any time hereafter, set special rates for
any large commercial service, industrial use of any other unique user that does not
readily fit into other categories of users.
H. Special Assessments - Nothing contained in this Ordinance shall prohibit or preclude
the City from levying, from time to time, special assessments in the manner provided
by law.
§ 300 –17 - Annual Budget and Method of Payment of Charges
A. Annually, before November 1st, the Sewer Utility shall prepare a budget for the
subsequent fiscal year which shall be separated into the following sections, 1)
Operation, 2) General Maintenance and Administration, and 3) Debt Service.
B. Billing: The property owner is held responsible for all sewer bills on premises that they
own. All sewer bills and notices of any nature, relative to the sewer service, shall be
addressed to the owner and/or occupant and delivered to the addressee by first class
mail.
C. Failure to Receive Bill No Penalty Exemption : Reasonable care shall be exercised in
the proper delivery of sewer bills. Failure to receive a sewer bill, however, shall not
relieve any person of the responsibility for payment of sewer rates within the prescribed
period, nor exempt any person from any penalty imposed for de linquency in the
payment thereof.
D. Delinquent Bills: On the 15
th day of October each year , notice shall be given to the
owner or occupant of all lots or parcels of real estate to which service has been
furnished prior to October 1 and payment for which is owing and in arrears at the time
of giving such notice. The Utility Clerk shall furnish the City Treasurer with a list of
all such lots or parcels of real estate, and the notice shall be given by the City Treasurer.
The Utility Clerk shall notice all delinquent accounts. Notice shall be in writing and
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shall state the amount of such arrears, including any penalty assessed pursuant to the
rules of such Sewer Utility; that unless the same is paid by the 31st day of October, the
same shall be assessed a 10% penalty. Any remaining arrears as of November 15th shall
be levied as a special charge on the real estate tax bill against the lot or parcel of real
estate to which service was furnished and for which payment is delinquent as above
specified. Such notice may be served by delivery to either such owner or occupant
personally, or by letter addressed to such owner or occupant at the post office address
of such lot or parcel of real estate. On the 16
th day of November, the City Treasurer
issuing the notice shall certify and file with the Sewer Utility a list of all lots or parcels
of real estate, giving the legal description thereof and the amount of unpaid arrears and
penalty. Each such delinquent amount, including such penalty, shall thereupon become
a lien upon the lot or parcel of real estate to wh ich the service was furnished and
payment for which is delinquent, and the Sewer Utility shall insert the same as a tax
against such lot or parcel of real estate pursuant to Wis. Stat. § 66.0809. All proceedings
in relation to the collection of general property taxes and special assessments and to the
return and sale of property for delinquent taxes and special assessments shall apply to
said tax if the same is not paid within the time required b y law for payment of taxes
upon real estate.
§ 300 –18 - Equipment Replacement Account
A. The Sewer Utility shall establish a segregated replacement account for the purpose of
accumulating cash reserves. Such reserves shall be available for the Replacement Costs
of the Sewer System as necessary for the purpose of extending the useful life of
mechanical equipment. The account was initially funded with cash in an amount equal
to the depreciation accumulated on all mechanical equipment associated with the
operation and maintenance of the Sewer System incurred through December 31, 1988.
B. The Sewer Utility shall periodically, but at least annually, deposit cash in the Equipment
Replacement Account equal to the yearly depreciation computed on mechanical
equipment associated with the Sewer System.
C. Depreciation for this purpose shall be computed using the half year convention on the
straight-line method over the estimated useful life of the mechanical equipment.
§ 300-19 – Records
The City shall keep a record of all applications for connections, disconnection or
reconnection permits, and each permit shall be regularly numbered in the order of its issue,
and a record showing the number, description, and size of all laterals installed indicating the
kind of materials used and the location of such lateral shall be kept. In addition, the City
shall keep a record of all inspections made, the removal of buildings or their laterals, and a
record of all fees collected showing the date of their receipt.
§ 300-20 Confidentiality of Critical Information
When requested by the user furnishing a report or permit application or questionnaire, the
portions of the report, or other document, which might disclose trade secrets or secret
processes shall, to the extent legally permissible, remain confidential.
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§ 300-21 Violations
A. Any person who fails to comply with any of the provisions of this Ordinance or with
an order of the Approving Authority or the Utility Manager issued in pursuance of this
Ordinance, or shall tamper with metering or sampling, shall be liable to the Utility for
any expense, loss or damage occasioned by such violation including reasonable
attorney fees and other expenses of litigation and upon conviction of any violation of
this Ordinance, shall be fined not less than $200 nor more than $5,000 per violation,
plus damages. Each day a condition is allowed to exist which is contrary to all, or any
part of this Ordinance shall constitute a new violation . Change of ownership or
occupancy of premises delinquent under the provisions of this Ordinance shall not be
cause for reducing or eliminating charges due and penalties for violations
B. If any user shall discharge waste or wastewater with a BOD concentration of 900 mg/l
or greater, said user shall pay a penalty of $1,000 per violation. Each day a violation
occurs shall constitute a separate violation. Said penalty shall be added to the monthly
or quarterly billing statement.
C. In addition to the Court proceedings and penalties described in the foregoing sections
of this Ordinance, whenever a person violates any provision of this Ordinance or fails
to comply with any order of the Approving Authority, the Approving Authority may
order that an action be commenced on behalf of the Utility/City of Pewaukee in the
Circuit Court for Waukesha County for the purpose of obtaining an injunction
restraining the person violating the Ordinance or failing to comply with the Order, from
making any further discharges into the Sewer System of the Utility.
D. Any existing or new FOG -producing facility not submitting a FOG and food waste
control plan within the timeframe determined by the Utility Manager or its designee
shall be fined no more than $50 per day for each day the plan is late.
E. Any FOG producing facility, after inspection by the City of Pewaukee, that has not
made the necessary repairs or remediation and submitted a remediation report as
ordered by the City of Pewaukee within the designated timeframe shall be fined no
more than $100 per day for each day the plan is late.
F. Any FOG producing facility found using chemical and/or biological additives to
emulsify or remove grease shall be fined no more than $100 for the 1
st offense, $200
for the 2nd offense, $1,000 for 3rd offense and $2,000 for each offense thereafter.
G. Any user exceeding the maximum daily concentration of 300 mg/l of grease shall be
fined no more than $500 per offense.
H. Facilities whose discharge causes a deposit or obstruction or in any manner causes
damage to or impairs the public sewerage collection system and wastewater treatment
facility shall be liable for any expense, loss caused by such violation or discharge. The
Utility shall bill the user for the cost incurred for any cleaning, repair, and replacement
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of the public sewerage collection system or restoration of receiving water damaged by
any discharges from the public sewerage collections system.
I. Facilities found guilty of falsifying maintenance and manifest records shall be fined
$500 for 1
st offense, $1,000 for 2nd offense, $2,000 for 3rd offense and $5,000 for each
subsequent offense. In addition, further criminal charges and penalties may be
applicable.
J. REMEDIES CUMULATIVE - All remedies provided for in this Ordinance and in the
City of Pewaukee Sewer Use Ordinance are distinct and cumulative to any other right
or remedy under this Ordinance or any other City of Pewaukee Ordinance or afforded
by law or equity; and may be exercised by the Commission concurrently,
independently, or successively.
§ 300.22 – Miscellaneous
(1) SUPERSEDING PREVIOUS SEWER SERVICE CHARGE ORDINANCES - This
Ordinance establishing sewer service charges and user regulations shall supersede and
replace all previous sewer service ordinances of the City.
§ 300.23 – Residential Equivalency Connection Table
The following list of users will be assigned R.E.C.’s as listed:
A. RESIDENTIAL
Description R.E.C.
Single Family 1
Duplex 2 (1 per Unit)
2 Units and Up to 7 Units 0.8 (per Unit)
Multi-Family (8 or More Units) 0.75 (per Unit)
Vacant Lot 0
B. COMMERCIAL / INDUSTRIAL
SIC CODE DESCRIPTION
GALLONS PER
EMPLOYEE
HOURS
0742 Veterinary Services for Animal Specialties 20.0
0752 Animal Specialty Services 16.0
0782 Lawn and Garden Services 10.0
1446 Industrial Sand 5.0
1521 General Contractors – Residential 2.3
1541 General Contractors - Industrial Bldgs. & Warehouses 2.3
1611 General Contractors - Public Works 2.3
1711 Plumbing, Heating & Air Conditioning 2.3
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1731 Electrical Work 2.3
1761 Roofing and Sheet Metal Work 2.3
1799 Special Trade Contractors, N.E.C. 2.3
2013 Sausage & Other Prepared Meats 110.0
2065 Candy and Other Confectionary Products 50.0
2087 Flavoring Extracts & Syrups, N.E.C. 75.0
2394 Canvas and Related Products 2.3
2431 Millwork 5.0
2434 Wood Kitchen Cabinets 5.0
2522 Metal Office Furniture 2.3
2721 Periodicals: Publishing & Printing 10.0
2731 Books: Publishing & Printing 10.0
2751 Commercial Printing, Letterpress & Screen 10.0
2752 Commercial Printing, Lithographic 10.0
2789 Bookbinding and Related Work 10.0
2795 Lithographic Platemaking & Related Services 25.0
2819 Industrial Inorganic Chemicals, N.E.C. 10.0
2834 Pharmaceutical Preparations 10.0
2841 Soap & Other Detergents 15.0
2893 Manufacturing of Printing Ink 30.0
2899 Chemicals & Chemical Preparations, N.E.C. 10.0
3079 Miscellaneous Plastics Products 85.0
3111 Leather Tanning & Finishing 345.0
3272 Concrete Products, Except Block & Brick 35.0
3273 Ready-Mixed Concrete 90.0
3293 Gaskets, Packings and Sealing Devices 2.3
3325 Steel Foundries, N.E.C. 115.0
3341 Secondary Smelting & Refining of Non-ferrous Metals 2.7
3441 Fabricated Structural Metal 25.0
3442 Metal Doors, Sash, Frames, Molding and Trim 2.3
3444 Sheet Metal Work 40.0
3451 Screw Machine Products 10.0
3462 Iron and Steel Forgings 5.0
3469 Metal Stampings, N.E.C. 5.0
3471 Electroplating, Plating, Polishing, Anodizing, etc. 50.0
3479 Coating, Engraving and Allied Services, N.E.C. 100.0
3495 Wire Springs 2.3
3498 Fabricated Pipe and Fittings 2.3
3499 Fabricated Metal Products, N.E.C. 25.0
3531 Construction Machinery and Equipment 5.0
3544 Specialty Dies & Tools, Die Sets, Jigs & Fixtures,
Molds
10.0
3562 Ball and Roller Bearings 5.0
3565 Industrial Patterns 5.0
3569 General Industrial Machinery & Equipment, N.E.C. 4.0
3576 Scales and Balances, Except Laboratory 2.3
3599 Machinery, Except Electrical, N.E.C. 10.0
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3613 Switchgear and Switchboard Apparatus 5.0
3632 Household Refrigerators, Home & Farm Freezers 2.3
3694 Electrical Equipment for Internal Combustible Engines 2.3
3714 Motor Vehicle Parts and Accessories 75.0
3999 Manufacturing Industries, N.E.C. 2.3
4141 Local Passenger Transportation Charter Service 2.3
4151 School Busses 2.3
4212 Local Trucking Without Storage 10.0
4213 Trucking, Except Local 2.3
4225 General Warehousing and Storage 2.3
4311 U.S. Postal Service 2.3
4722 Travel Agency 2.3
4811 Telephone Communication 2.3
4832 Radio Broadcasting 2.3
5042 Toys and Hobby Goods and Supplies 2.3
5063 Electrical Apparatus and Equipment 2.3
5064 Electrical Appliances 2.3
5072 Hardware – Wholesale Distribution 2.3
5082 Construction and Mining Machinery and Equipment 2.3
5084 Industrial Machinery and Equipment 2.3
5142 Frozen Foods 10.0
5149 Wholesale Groceries & Related Products, N.E.C. 10.0
5199 Wholesale Non-durable Goods, N.E.C. 10.0
5211 Lumber & Other Building Materials Dealers 2.3
5231 Paint, Glass, Wallpaper 2.3
5251 Hardware – Retail Sales 2.3
5261 Retail Nurseries, Lawn & Garden Supply Stores 10.0
5271 Mobile Home Dealers 2.3
5311 Department Stores 2.3
5331 Variety Stores 2.3
5411 Grocery Stores with Meat & Produce Departments 16.0
5412 Grocery Stores without Meat & Produce Departments 6.0
5441 Candy, Nut and Confectionery Stores 10.0
5462 Retail Bakeries – Baking and Selling 10.0
5499 Miscellaneous Food Stores 2.3
5511 Motor Vehicle Dealers 5.0
5531 Auto and Home Supply Stores 2.3
5541 Gasoline Service Stations 15.0
5551 Boat Dealers 5.0
5611 Clothing Stores 2.3
5661 Shoe Stores 2.3
5681 Furriers and Fur Shops 5.0
5711 Furniture, Floor Coverings, Appliances 2.3
5812 Eating Places (Restaurants) 20.0
5813 Drinking Places (Taverns) 45.0
5912 Drug Stores and Proprietary Stores 2.3
5921 Liquor Stores 2.3
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5931 Used Merchandise Stores 2.3
5941 Sporting Goods Stores and Bicycle Shops 2.3
5942-9 Miscellaneous Stores 2.3
5992 Florists 10.0
5999 All Other Retail Stores 2.3
6022-59 Banks 2.3
6122-63 Savings and Loans 2.3
6311 Insurance Companies 2.3
6411 Insurance Agents 2.3
6512 Operators of Non-residential Buildings 2.3
6515 Operators of Residential Mobile Home Sites 2.3
6531 Real Estate Agents and Managers 2.3
6553 Cemetery Subdividers and Developers 2.3
6722 Management Investment Offices 2.3
7211 Power Laundries, Family and Commercial 105.0
7212 Cleaning and Laundry Pick-up Stations 2.3
7215 Factory Coin-Op Laundries and Dry Cleaning 910.0
7221 Photographic Studios 2.3
7231 Beauty Shops 16.0
7241 Barber Shops 10.0
7261 Funeral Service and Crematories 15.0
7299 Miscellaneous Services, N.E.C. 2.3
7311 Advertising Agencies, Employment Services 2.3
7332 Blueprinting and Photocopying Services 2.3
7361 Employment Agencies 2.3
7391 Research and Development Laboratories 10.0
7395 Photofinishing Labs 10.0
7512 Passenger Car Rental and Leasing, w/o Drivers 10.0
7531 Top and Body Repair Shops 5.0
7534 Tire Retreading and Repair Shops 20.0
7538 General Automotive Repair Shops 5.0
7542 Car Washes 115.0
7622 Radio and Television Repair 2.3
7699 Repair Shops and Related Services, N.E.C. 2.3
7814 Motion Picture and Tape Production 10.0
7832 Motion Picture Theaters, not Drive-Ins 20.0
7911 Dance Halls, Studios and Schools 20.0
7922 Theatrical Producers 20.0
7933 Bowling Alleys 50.0
7992 Public Golf Courses 45.0
7997 Membership Sports and Recreation Clubs 75.0
7999 Roller Rinks, Gymnasiums, Museums 20.0
8011 Offices of Physicians 10.0
8021 Offices of Dentists 10.0
8031 Offices of Osteopaths 10.0
8041 Offices of Chiropractors 10.0
8051 Skilled Nursing Care 20.0
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CITY OF PEWAUKEE
CHAPTER 300 – SANITARY SEWER SERVICE ORDINANCE July 1, 2026
27
8091 Health and Allied Services, N.E.C. 10.0
8111 Attorneys 2.3
8211 Elementary and Secondary Schools 20.0
8221 Colleges, Universities and Professional Schools 25.0
8231 Libraries and Information Centers 20.0
8249 Vocational Schools, N.E.C. 20.0
8421 Arboreta, Botanical and Zoological Gardens 45.0
8621 Professional Membership Organizations 2.3
8641 Civic, Social and Fraternal Associations 15.0
8661 Religious Organizations (hours occupied only) 20.0
8699 Membership Organizations, N.E.C. 2.3
8911 Engineering, Architectural & Surveying Services 2.3
8931 Accountants 2.3
9199 General Government, N.E.C. 2.3
9221 Police Protection 2.3
9224 Fire Protection 2.3
9451 Administration of Veteran’s Affairs 2.3
9999 All Offices, N.E.C. 2.3
NOTE: Minimum R.E.C. per user shall be 1 R.E.C. Any category of user not listed shall be
assigned an R.E.C. by the Common Council after recommendation of the Director of Public
Works/City Engineer. All R.E.C.’s shall be established to the nearest 0.25 R.E.C.
NOTE: Parsonages should be regarded as single family residences.
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City of Pewaukee - New Agenda Item
Agenda Language:
Discussion and possible action regarding a draft Joint Quiet Zone Agreement with the
Village of Pewaukee.
Sub Item Agenda Language:
Background Provided By:
Magdelene Wagner
Background:
The Public Works Committee (January 22, 2026 meeting) and the Common Council
(February 16, 2026 meeting) previously authorized pursuing a Joint Quiet Zone with the
Village of Pewaukee. A draft of the Joint Agreement has been created. This has been
sent to the Village of Pewaukee for consideration as well.
Fiscal Impact:
Recommended Motion:
Committee recommend approval to the Common Council contingent upon Village of
Pewaukee approval and final review by the City Attorney and Director of Public Works.
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INTERGOVERNMENTAL AGREEMENT BETWEEN THE CIY OF PEWAUKEE
AND THE VILLAGE OF PEWAUKEE WITH RESPECT TO ESTABLISHING
AND MAINTAINING A QUIET ZONE CORRIDOR ALONG THE CANADIAN
PACIFIC KANSAS CITY RAILROAD RIGHT•OF•WAY
THIS AGREEMENT entered into this day of
2026, between the CITY OF PEWAUKEE, a Wisconsin Municipal Corporation acting by and
through its Mayor and Common Council, herein referred to as CITY, and the VILLAGE OF
PEWAUKEE, a Wisconsin Municipal Corporation acting by and through its President and Board
of Trustees, herein referred to as VILLAGE, and are sometimes hereinafter referred to
individually as a "Party" and collectively as the "Parties". The CANADIAN
PACIFIC
KANSAS CITY RAILROAD right-of-way is sometimes hereinafter referred to as the "Corridor".
WITNESSETH
WHEREAS, the Swift Rail Development Act of 1994, (Public Law No. 103- 440)
hereinafter referred to as the "Act", directed the Federal Railroad Administration, hereinafter
referred to as the FRA, to issue a rule, hereinafter referred to as the "Final Rule" (70 Federal
Register 21844 published April 27, 2005), mandating the sounding of train horns at all public
highway-rail crossings; and
WHEREAS, said Final Rule amended Title 49 of the Code of Federal Regulations,
Chapter II - Federal Railroad Administration, Department of Transportation, hereinafter referred
to as Chapter
II, for the creation of quiet zone corridors through the use of supplementary and/or
alternative safety measures to avoid the mandated sounding of train horns at highway- rail
crossings; and
WHEREAS, the Corridor consists of all at -grade crossings along the Canadian Pacific
Kansas City Railroad right -of-way from Duplainville Road to Parkside Lane which include all
the Parties to this Agreement; and
WHEREAS, the sounding of train horns has a negative impact on the quality of life of the
residents within communities along the Canadian Pacific Kansas City Railroad right-of-way; and
WHEREAS, the Parties determined that it would be desirable to pursue a cooperative
quiet zone corridor (the "Quiet Zone Corridor") as a cost effective and acceptable alternative to
the mandatory sounding of the train horns and/or the installation of supplemental and/or
alternative safety measures included in Chapter
II; and
WHEREAS, RA Smith, Inc. performed the study and prepared a report for the Parties
recommending that they consider taking the following action to qualify for a Quiet Zone
Corridor:
(I) Duplainville Road - No improvements required; and,
(II) Forest Grove Drive – No improvements required; and,
(III) Oakton Avenue – ; and,
(IV) Wisconsin Avenue – ; and,
(V) Kopmeier Drive – No improvements required; and,
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(VI) Parkside Lane – No Improvements required.
WHEREAS, the VILLAGE is willing, at its expense, to install the recommended
improvements at Oakton Avenue and Wisconsin Avenue grade crossings; and
WHEREAS, upon completion of the above described work, a Notice of Establishment of
a New Quiet Zone for the Quiet Zone Corridor will be distributed to all concerned Parties, plus
the FRA, the Wisconsin Department of Transportation, the Canadian Pacific Kansas City
Railway in accordance with Section 222.43(d) of 49CFR Chapter II; and
WHEREAS, Section 222.47 of 49CFR Chapter II provides for periodic updates of quiet
zones; and
WHEREAS, all of the Parties to this Agreement understand that they will remain
mutually obligated to the other Parties, individually and collectively, to undertake the process of
conducting periodic updates of the Quiet Zone Corridor in accordance with Section 222.47(b) of
49 CFR Chapter II; and
WHEREAS, provisions of Section 222.51 of 49CFR Chapter II provide for
circumstances under which the authorization and approval to establish and maintain a quiet zone
corridor may be withdrawn by the FRA, after sufficient notice, with such withdrawal again
requiring the mandatory sounding of train horns at all grade crossings; and
WHEREAS, if such withdrawal should occur and it results in the mandatory sounding of
train horns within the Quiet Zone Corridor, installation of approved safety
measures/supplemental safety measures as approved within 49CFR Chapter II may be made by
the affected Party/Parties to re -qualify the Quiet Zone Corridor in accordance with the FRA rule;
and
WHEREAS, all of the Parties to this Agreement understand that while it is their intention
to remain mutually obligated to each other, individually and collectively, to undertake those
actions necessary to maintain the continued existence of the Quiet Zone Corridor, it may be cost
prohibitive or in some other way not in their best interest to do so; and
WHEREAS, all of the Parties to this Agreement understand that, if the quiet zone
designation is withdrawn by the FRA or if the quiet zone fails to be recertified or re -qualified by
the FRA, any Party may choose to withdraw from this Agreement in the sole discretion of such
Party; and
WHEREAS, all of the Parties to this Agreement understand that, if any Party decides to
withdraw from this Agreement, such withdrawing Party shall be permitted to apply for an
alternate quiet zone corridor, individually, or in combination with any other Party or jurisdiction;
and
WHEREAS, Wisconsin Statute Section 66.0301 authorizes units of local government to
contract, exercise, combine, or transfer any power or function not prohibited by law or ordinance;
and
WHEREAS, Wisconsin Statute Section 66.0301 authorizes municipalities to exercise
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Page 3 of 6
jointly with any public agency of the State, including other units of local government, any power,
privilege, or authority which may be exercised by a unit of local government individually, and to
enter into contracts for the performance of governmental services, activities, and undertakings.
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein,
and pursuant to all applicable statutes, local ordinances, and authority, the Parties hereto do
hereby mutually agree as follows:
1. The foregoing preambles are hereby incorporated herein as though fully set forth.
2. One of the Parties to this Agreement shall be designated as the Quiet Zone Administrator
and shall, as such, be responsible for complying with the quiet zone recertification
requirements in accordance with Section 222.47 of 49CFR Chapter II. It is understood
that the recertification process may require the services of a consultant. The
Administrator shall allocate the consultant's costs in connection with such recertification
equally among the parties.
If the FRA fails to recertify the Quiet Zone Corridor as a
designated quiet zone, any Party may withdraw from this Agreement if, in its sole
discretion, such withdrawing Party deems it to be in their best interest to do so.
3. If a railroad crossing safety improvement is modified at any intersection within the Quiet
Zone Corridor by any Party to this Agreement, the roadway authority, or any other
authorized agency, the Quiet Zone Corridor may be required to be re -qualified and re-
established as a designated quiet zone by the FRA. In such event, the Quiet Zone
Administrator shall oversee the process of re -qualifying and re -establishing the Quiet
Zone and shall allocate any consultant's costs of re -qualification and re -establishment
equally among the Parties. The cost of any safety improvements shall not be allocated
among the Parties without their express written consent and permission.
If the FRA fails
to re -qualify and re -establish the Quiet Zone Corridor as a designated quiet zone, any
Party may withdraw from this Agreement if, in its sole discretion, such withdrawing
Party deems it to be in its best interest to do so.
4. It is the obligation of each party to this Agreement to notify the Quiet Zone Administrator
upon the commencement of any railroad crossing safety improvement modification at
any railroad crossing within its jurisdiction so that the Quiet Zone Administrator can
notify the FRA of the modification.
5. If the FRA withdraws the quiet zone designation for the Quiet Zone Corridor for any
reason, any Party may withdraw from this Agreement if, in its sole discretion, such
withdrawing Party deems it to be in its best interest to do so.
6. Any Party that withdraws from this Agreement shall be permitted to take any action with
respect to the certification of an alternate designated quiet zone for their community on
their own or in combination with any other Party or jurisdiction.
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Page 4 of 6
7. Each Party warrants and represents to each of the other Parties and agrees that (a) this
Agreement is executed by duly authorized officials or agents of such Party and that all
such officials and agents have executed the same in accordance with the lawful authority
vested in them pursuant to all applicable and substantive requirements; (b) this
Agreement is binding and valid and will be specifically enforceable against each Party;
and, (c) this Agreement does not violate any presently existing provisions of law nor any
applicable order, writ, injunction or decree of any court or government department,
commission, board, bureau, agency or instrumentality applicable to such Party.
8. This Agreement shall be deemed to take effect as of the date on which the duly
authorized officials or agents of the last of the Parties hereto to execute this Agreement
affix their signatures hereto.
9. This Agreement shall be enforceable in any court of competent jurisdiction by each of the
Parties hereto by any appropriate action at law or in equity, including any action to secure
the performance of the representations, promises, covenants, agreements and obligations
contained herein.
10. The provisions of this Agreement are severable. If any provision, paragraph, section,
subdivision, clause, phrase or word in this Agreement is for any reason held to be
contrary to law, or contrary to any rule or regulation having the force and effect of law,
such decision shall not affect the remaining portions of this Agreement.
11. The entire agreement of the Parties hereto is contained herein and this Agreement
supersedes all oral agreements and negotiations between the Parties hereto relating to the
subject matter hereof as well as any previous agreements presently in effect between the
Parties hereto relating to the subject matter hereof.
12. Any alterations, amendments, deletions, or waivers of any provision of this Agreement
shall be valid only when expressed in writing and duly executed by the Parties hereto.
13. This Agreement may be executed in multiple identical counterparts, and all of said
counterparts shall, individually and taken together, constitute this Agreement.
14. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their
successors and assigns. No Party hereto may assign, transfer, sell, grant, convey, deed,
cede or otherwise give over, in any manner or form, any of its rights, duties, obligations
and/or responsibilities as heretofore set forth in this Agreement without first obtaining the
express written consent and permission of the other Parties to this Agreement.
15. Nothing contained in this Agreement is intended or shall be construed as in any manner
or form creating or establishing a relationship of co- partners among the Parties hereto for
any purpose or in any manner, whatsoever. The Parties are to be and shall remain
independent of each other with respect to all matters provided in this Agreement.
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Page 5 of 6
ATTEST:
By:
VILLAGE OF PEWAUKEE
Village President
Village Clerk Village of Pewaukee
Village of Pewaukee
Date:
ATTEST:
By:
CITY OF PEWAUKEE
Mayor
City Clerk City of Pewaukee
City of Pewaukee
Date:
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Source: City of Pewaukee website. First collected Oct 7, 2026.