Title 4. Environment and Natural Resources – Chapter 408

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SANITATION ORDINANCE

408.1.

408.2.

408.3.

408.4.

408.5.

408.6.

408.7.

408.8.

408.9.

408.10.

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Sanitary District and Utilities Department

Management and Finances

Unlawful actions and Requirements

Standard Participation Contract

Sanitary District Charges and Fees

Building Sewers and Connections

Building Sewer Contractors

408.11.

408.12.

408.13.

408.14.

408.15.

408.16.

408.17.

Violations of Ordinance

Appellate Review

Billing

Real Property

Water and Sewer Main Extension Rule

Connection to the Water Department s Water Works

System

Miscellaneous

408.1. Purpose and Policy

408.1-1. Purpose. The purpose of this Ordinance is to assure that any water and sanitary utilities

that are developed within the jurisdiction of the Oneida Tribe shall be operated and maintained in

a manner that is fiscally responsible, responsive to customer needs, environmentally safe and

governmentally functional. It is further the purpose of this Ordinance to include safe collection

of solid waste refuse and recyclable material.

408.1-2. Policy. Where the conditions imposed by a provision of this Ordinance are either more

restrictive or less restrictive than comparable conditions imposed by any other applicable law,

ordinance, statute, resolution or regulation of any kind, the regulations which are more restrictive

or which impose higher standards or requirements shall prevail. At a minimum the discharge

limits and pretreatment standards as stated in the Green Bay Metropolitan Sewerage District

(GBMSD) Sewer Use Ordinance and the City of De Pere's Waste Water Treatment Facility

(WWTF) Ordinance shall be applicable.

408.2. Adoption, Amendment, Repeal

408.2-1. This law is adopted by the Oneida Business Committee by Resolution # BC-4-20-90-B

and amended through Resolutions BC-5-15-91-P, BC-5-7-92-C, BC-9-2-98-A, BC-6-30-04-H

and BC-10-20-04-B.

408.2-2. This law may be amended pursuant to the procedures set out in the Oneida

Administrative Procedures Act by the Oneida Business Committee or the Oneida General Tribal

Council.

408.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are

considered to have legal force without the invalid portions.

408.2-4. All other Oneida laws, policies, regulations, rules, resolutions, motions and all other

similar actions which are inconsistent with this policy are hereby repealed unless specifically reenacted after adoption of this law.

408.2-5. This law is adopted under authority of the Constitution of the Oneida Tribe of Indians

of Wisconsin.

408.3. Definitions

408.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) Annexation. The Oneida tribal process used to expand the sewer or water service

area boundaries.

4 O.C. 408 – Page 1

(b) As Built. A plan view of plot with facilities drawn as they were constructed.

Typically this is drawn at 1 inch = 50 feet on an Engineers Scale. Critical dimensions of

facilities should be tied to building corners as needed. Proper separations of facilities, and

property lines should also be dimensioned. Critical dimensions are called out on the plan

because they are not to be scaled.

building.

(d) Department. The Oneida Utilities Department.

(e) District. The Oneida Tribal Sanitary District encompassing land and waters within

the exterior boundaries of the Oneida Indian Reservation, as is indicated by the attached

legal description.

(f) Emergency. Detriment to health, safety and welfare of the public.

(g) Equivalent. A unit charge equivalent shall be regarded as one (1) unit to equal one

(1) residential home which equals three people, which equals 210 gallons per day.

(h) Gross Misconduct. Inappropriate disclosure of confidential information, misuse of

Department funds and/or information; and attending meetings under the influence of

alcohol or other nonprescription drugs.

(i) Lateral. Building sewer which is the length of pipe from the property line to the

building.

(j) Manager. The manager of the Oneida Utilities Department.

(k) Private Interceptor Main Sewer. A privately owned sewer serving two (2) or more

buildings not directly controlled by the Department.

(l) Public Sewer. Tribal facilities used for collecting, transporting, pumping, metering,

sampling, treating, and disposing of waste water.

(m) Public Water. Tribal facilities used for the treatment and providing of potable water.

(n) Reservation. That area within the exterior boundaries as set out in the 1838 Treaty

with the Oneida, 7 Stat. 566, and that land purchased and held by the United States of

America in trust for the Oneida Tribe of Indians of Wisconsin outside those exterior

boundaries.

(o) Stub Length. The length of pipe extending between the main sewer and the

connection at the property line.

(p) Tribe. The Oneida Tribe of Indians of Wisconsin.

408.4. Sanitary District and Utilities Department

408.4-1. Utilities Department. The Oneida Utilities Department shall serve as the administrative

Department for the Public Sewer and Public Water, including the Public Sewer and Public Water

facilities within the District.

(a) Purpose. The Department shall be responsible for assuring that the operation of the

systems set out in this Ordinance adheres to the dictates of the Ordinance and any

regulations promulgated are fiscally responsible and viable, and that the systems are

responsive to the needs of its customers.

(b) Meetings. The Department shall meet with the Facilities Planning Committee, or its

successor, when business demands require attention, but not less than once a month.

and responsibility for the Public Sewer and Public Water systems. It shall enter into

business contracts, consistent with Tribal contracting policies, and do all things necessary

4 O.C. 408 – Page 2

to carry out the responsibilities hereunder.

(d) Powers. The Department, shall have the following powers:

(1) Construct. To construct water and sewer lines for public use and lay such

lines in and through the alleys, streets and public grounds within the Reservation;

(2) Operations. To carry out responsibilities necessary to manage the Public

Water and Public Sewer systems.

(3) Right of Entry. To enter upon land for the purpose of making examination or

supervise in the performance of its duties under this Ordinance without liability

thereof;

(4) To contract and/or provide for safe collection of solid waste refuse and

recyclable material and to charge and/or seek grants for the same.

(5) Establish rates and charges for collection of solid waste refuse and recyclable

material for tribal residences within the exterior boundaries of the Oneida

Reservation whether on fee or trust lands, and to charge tribal members and tribal

entities for such services provided.

(e) Rates and Charges. The Department shall establish rates and charges for the services

provided by the Public Water and Public Sewer systems and shall charge the customers

of the Tribe for such services as specifically provided in 408.8-1.

408.5. Management and Finances

408.5-1. The Manager shall oversee operations of the Public Sewer and Public Water systems.

408.5-2. Accounting services shall be provided by the Tribe. A special account shall be

specified for the Sanitary District. The financial records shall be open to any entity that

provides, lends or grants money to the Oneida Tribe for the benefit of the Public Sewer and

Public Water systems. Said records shall be open to residents of the District or their duly

authorized representatives as long as appropriate notice is given to the Tribal Treasurer.

(a) Records and Accounts. Accounting records for the Public Sewer and Public Water

systems shall be maintained by the Tribe s Accounting Department.

(b) Audits and Reports. The accounts of the District shall be audited annually at the

close of the tribal fiscal year. Annual and periodic reports will be submitted by the

Department upon request.

insurable interest and shall be in amounts and type of coverage specified by the Oneida

Business Committee.

(d) Fiscal Year. The fiscal year of the District shall be the same as the fiscal year of the

Tribe.

(e) Leasing or Management of Lands. The Department may negotiate leases with

individual owners of lands for leasing privileges under mutually agreeable terms. Final

action and authority to execute leases on behalf of the Department shall be approved by

Oneida Land Commission, or its successor, and Oneida Business Committee before

becoming effective.

408.6. Unlawful Actions and Requirements

408.6-1. Unlawful Deposit of Waste. It shall be unlawful for any person to place, deposit or

permit to be deposited in an unsanitary manner, upon any property within the Reservation, any

human or animal excrement, garbage or other objectionable waste.

4 O.C. 408 – Page 3

408.6-2. Treatment of Sewage Required. It shall be unlawful to discharge into any natural water

course within the Reservation any sewage, industrial wastes, or other polluted waters, except

where suitable treatment has been provided in accordance with the provisions of this Ordinance

or other applicable law, rule or regulation.

408.6-3 Unlawful Sewage Disposal Facilities. It shall be unlawful to construct or maintain any

privy, septic tank, cesspool or other facility intended or used for the disposal of sewage within

the Reservation unless said facilities are in compliance with the terms or requirements of the

ordinance entitled, "On Site Waste Disposal Ordinance".

408.6-4. Disconnection of Sewer. It shall be unlawful to be disconnected from a Public Sewer

for any reason without prior written notification to, and approval of, the Manager.

(a) No approval shall be given unless the disconnection is lawful under Tribal ordinances

and other applicable laws, and satisfactory protection is given by the owner or his

contractor to the Department, including but not limited to, the satisfactory capping of the

public sewer.

(b) Sewer service charges for any structure disconnected from the sewer or to be

disconnected shall continue until such disconnection is approved by the Manager.

408.6-5. Discharge Limits and Pretreatment Standards. Discharge limits and pretreatment

standards shall be the same as those that are stated in GBMSD Sewer Use Ordinance and the

City of De Pere WWTF Ordinance and shall be adhered to.

408.6-6. Connections to Public Sewer

(a) Failure to Connect or Repair a Sewer System. If any connection to a Public Sewer, or

if any needed repair to a sewer system is not made within the time and in the manner

provided in this Ordinance, the Manager may issue an order causing a connection or

repair to be made by the Department.

(1) Such order may be issued only after proper notice to the owner stating that the

owner has a right to a hearing with the Department on the matter. If the owner

cannot be located, notice of said right to a hearing shall be attempted to be served

and/or published pursuant to tribal law.

(2) Upon making the necessary connection or repair, the Manager shall certify

the amount of the cost of making such connection or repairs and may cause a lien

to be filed on said property in the appropriate county as well as with the Tribe. If

the land is not in fee status, said debt shall be filed with the appropriate Oneida

Tribal office or agency. An escrow account shall be established in order to cover

said payments.

(3) Upon such filing, the cost of connection or repair together with interest at one

(1%) percent over N.Y. prime rate per annum which shall become a lien against

the property.

(4) The above remedy shall be in addition to any other remedy or penalty for

violation of the terms of this Ordinance.

408.6-7. Unlawful Connection to a Public Sewer. It shall be unlawful for any person or entity to

make or cause to be made any connection to the Public Sewer without first receiving a permit

from, or executing the standard participation contract provided by the Department.

408.6-8. Mandatory Hook-Ups. It shall be unlawful for any person who has been ordered,

pursuant to the Oneida Waste Disposal Ordinance, to connect any property to the Public Sewer,

(a) to fail to hook-up said property to the Public Sewer within six(6) months of the date of such

order, or (b) to fail to abandon all septic tanks within six (6) months of the date of notice of said

4 O.C. 408 – Page 4

order.

408.6-9. Connection of Outside Property. The owners of property or individuals outside the

boundaries of the District may enter into a contractual agreement within the District for service.

The Department must consent before the property may be connected to the sewer system within

the District and obtain sewage disposal. Such property shall be added to the District by means of

an Annexation process pursuant to Oneida Tribal law.

408.6-10. Cost. The cost of constructing the stub length shall be borne by the Department. The

owner of the property served shall be responsible for contracting with a licensed plumber to

connect the lateral and shall pay the Department such connection charge as shall be established

by the Department.

408.6-11. Preliminary Treatment Facilities: Maintenance. Where preliminary treatment

facilities are provided for any waters or wastes generated by any property connections to the

Public Sewer, such facilities shall be maintained continuously in satisfaction and effective

operation by the owner of such property at his expense. Maintenance records of such facilities,

along with chemical test data, shall be provided to the Manager on a weekly basis. Any

exceeding of preset discharge limits shall be reported to the Manager immediately upon

discovery. The Department shall be allowed access, upon reasonable notice, to audit discharge

records and test data. Any pretreatment orders shall be issued by the Department and shall be

issued subject to the pretreatment standards listed in the City of De Pere's WWTF Ordinance.

408.6-12. Industrial Wastes: Control Manhole. When required by the Manager, the owner of any

property served by a building sewer carrying industrial wastes shall install a suitable control

manhole in the building sewer to facilitate observation, sampling and measurement for the

wastes.

(a) Such manhole, when required, shall be accessible and safely located, and shall be

constructed in accordance with plans approved by the Manager. The manhole shall be

installed by the owner at his expense and shall be maintained by him so as to be safe and

accessible at all times.

(b) The owner of any structure which will discharge industrial or commercial waste to the

Public Sewer shall obtain from the Manager a discharge permit prior to construction of a

new facility or connection of any existing facility to the Public Sewer. Such a permit will

include specific limits on the waste to be discharged by volume, chemical composition,

BOD and suspended solids. It shall also specify testing requirements and frequency of

testing. Should the permitted facility fail to maintain the discharge limits, the discharge

permit may be revoked or modified by the Manager.

(1) If a discharge is in violation of an existing discharge permit, the permit may

be modified or revised to limit the discharge to levels which will allow GBMSD

to operate within its discharge parameters. This modification shall be made by the

Department.

(2) A permit application may be denied if a proposed use created a potential for

the treatment plant to exceed discharge limits or should the discharge be

detrimental to the operation or function of the treatment facility or appurtenances.

408.6-13. Unlawful Activity. The Manager may order the owner of any property connected to

the Public Sewer to cease any unlawful activity, or any activity which the Manager determines

endangers the health of the public and/or the operation of the Public Sewer, immediately or

within such period of time, not to exceed three(3) months, as the Manager shall provide in notice

to such owner.

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408.7. Standard Participation Contract

408.7-1. Eligible properties, either inside or outside of the District, upon annexation, may be

connected to the Public Sewer and served thereby, upon prior payment of appropriate fees, when

the owner thereof executes a standard participation contract and the Department concurs

therewith.

408.7-2. Standard Participation Contract: Terms. The standard participation contract shall

provide the following:

(a) That the property owner warrants that he is the owner or original allottee of that

property with full authority to bind the property with the covenants and conditions

contained in the contract, or that he is a tenant on tribal land and has authority to bind the

property pursuant to the lease with the tribe.

(b) That the property owner shall subject his property to the terms of the contract and

shall use the Public Water and/or Public Sewer systems of the Tribe in accordance with

the rules and regulations of the Tribe as they may be amended from time to time, and that

the property shall be subject to the regular schedule of service charges as may from time

to time be fixed by the Department for its use classification and shall be subject to the

terms and conditions of this Ordinance.

water and/or sewer service pursuant to that contract.

(d) That the property subject to the contract shall be subject to liens, penalties and

interest for non-payment of service charges to the same extent as any other property

served by the Tribe.

(e) A contract pertaining to fee status lands shall be filed for the record in the appropriate

county and with the Tribe and it shall constitute a charge against that property and a

covenant running with the land and it shall bind the property and all future owners

thereof.

(f) A contract pertaining to tribal or allotted land shall be filed with the Tribe and it shall

constitute a charge against that property and a covenant running with the land and it shall

bind the property and all future occupants.

(g) The above contracts shall be filed with the Bureau of Indian Affairs by the Oneida

Tribe, and shall be submitted to the Secretary of the Interior for his approval, if required

by federal law.

(h) In order to protect the interests of the Tribe and Public Water and Public Sewer

systems, the Department may require other conditions and provisions to be inserted in the

contract as the individual case may warrant.

(i) The Department shall reserve the authority to pursue individual standard participation

contracts with all land owners in the Reservation.

408.8. Charges, Fees and Rates

408.8-1. Charges, Fees and Rates. Permit fees, connection charges, service charges, rates and

any other fees or charges related to the services provided by the Public Water and Public Sewer

shall be set by the Department in such sums as the Department shall fix from time to time in a

manner consistent with all applicable federal and tribal statutes and regulations. The Oneida

Business Committee shall approve such fees and charges prior to levy.

408.8-2. Delinquent Payments and Billings. Billings and delinquency charges shall be

4 O.C. 408 – Page 6

administered pursuant procedures adopted by the Department.

408.8-3. Contested and/or Appealed Billings and Delinquent Payments. Contested and/or

appealed billings and payments shall be dealt with pursuant to appropriate procedures adopted by

the Tribe which shall be available to all customers of the Tribe.

408.8-4. Customer Charge System.

(a) To the extent possible the Department shall set its fees, rates, and charges

proportionate to customer use and at levels high enough to obtain sufficient revenues to

pay the cost of:

(1) any required cash reserve account payments;

(2) loan payments;

(3) payments on any bonded indebtedness; and

(4) present and future operation and maintenance of the Public Water and Public

Sewer systems.

(b) All customers shall be classified as one of the following:

(1) residential

(2) commercial/institutional

(3) industrial.

(b) Residential customer shall be charged as least quarterly on the basis of customer

charge equivalents. The charges shall be at least sufficient to pay the user s proportionate

share of the annual cost of operation and maintenance of the sewer system, as

appropriate, including a replacement fund.

(d) Commercial/institutional and industrial customers shall be charged on at least a

quarterly basis a metered usage at a unit price per volume sufficient to pay the annual

cost of operation and maintenance of the water and/or sewer systems, as appropriate,

including a replacement fund.

(1) sewer user charges for all sewer system users shall be determined on an

equivalent unit charge basis. All system users shall be charged at least on a

quarterly basis. The calculations for determining these rates shall be available at

the Department.

(2) the sewer user charges shall be at least sufficient to pay the user s

proportionate share of the annual costs of operating the Public Sewer including

replacement costs. The user charges should be reviewed and updated no less than

annually.

(3) operation and maintenance cost are defined, per the requirements of the

Wisconsin Department of Natural Resources Wisconsin Fund Grant Program, to

include replacement costs. That is a separate fund must be established in which

monies will be accumulated to pay the cost . . for obtaining and installing

equipment, accessories or appurtenances which are necessary to maintain the

capacity and performance (of the sewage works)during (its)service life. . . the

method of determining the replacement costs is to utilize the installed cost of

these facilities, excluding the cost for technical, legal, administrative and other

fees since such costs will generally not be required when the item is replaced, and

to assign a service life to such facilities in order to estimate when replacement

will be require. A sinking fund factor , at five percent , is then utilized to

determine the amount of money to be collected per year for replacement. It is

anticipated that such funds will be invested by the Oneida Tribe in an interest

4 O.C. 408 – Page 7

bearing account until required. The budget for annual operation and maintenance

and replacement cost shall be available at the Department.

(4) To determine unit charge equivalents it is assumed that one unit equals one

residential home of three people using the theoretical sewage per day per

residential home. The equivalent to be used are determined by type of user. The

sewer system user charge per equivalent shall be determined by dividing the

annual system costs by the number of equivalents. The unit charge equivalents

shall be available at the Department.

(5) The charge for users shall be proportional by the number of equivalent by user

type. Users shall be notified annually of the portion of user charges attributable to

wastewater treatment services.

(6) Normal domestic strength wastewater shall mean wastewater with

concentration of BOD5 and suspended solids no greater than 200ppm, and

phosphorus concentration no greater than 9.6 ppm.

This concentration

corresponds to the Billing Procedures Ordinance approved by the GBMSD. The

user charge system takes precedence over pre-existing agreements consistent with

the governing regulation of this program.

(7) Non-residential customers shall be charged for wastewater concentrations in

excess of normal domestic strength wastewater as assigned by the Department.

The assigned strength shall correspond to the strengths adopted by the GBMSD.

(A) The current strengths are as follows:

(i) Residential:

BOD

200ppm

Phosphorus

9.6ppm

(ii) Industrial:

BOD

Sampled ppm

Phosphorus

Sampled ppm

(iii) Commercial:

BOD

200ppm

Phosphorus

9.6 ppm

(B) The rates charged for wastewater concentrations in excess of normal

domestic strength wastewater shall be the same as the rates charged by the

GBMSD.

408.9. Building Waterline/Sewers and Connections

408.9-1. Non-Authorized Connections and Disturbances Forbidden. It shall be unlawful for any

person other than representatives of the Department to use, alter, or disturb any of the Public

Water or Public Sewer facilities of the Tribe or appurtenances thereof, without first obtaining a

written permit from the Manager. Said permit shall contain a provision for emergency repair and

for inspection by the Manager.

408.9-2. Building Waterline/Sewer Permits. There shall be three classes of building

waterline/sewer permit:

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(a) residential services;

(b) commercial/institutional services; and

In each case, the owner or his agent shall make application on a special form furnished by the

Department. The permit application shall be supplemented by any plans, specifications or other

information considered pertinent in the judgment of the Manager, including in case of a new

building a plan or diagram of plumbing and drainage facilities.

408.9-3 Procedure for Obtaining Permits. Building waterline/sewer permits shall be obtained in

the following manner:

(a) Building sewer permits shall be issued only upon proper application at the main

office of the Department.

(b) A permit which includes building waterline/sewer work in a public area may be

issued only to a license sewer contractor, master plumber, or master lumber restricted or

who is registered with the Tribe.

be issued to the owner of the property or to a licensed building sewer contractor

registered with the Tribe.

(d) It shall be unlawful for any licensed contractor to lay any pipe pursuant to any other

person s permit or for any unauthorized person to lay any pipe pursuant to a licensed

building sewer contractor s permit.

(e) The applicant for a building waterline/sewer permit shall supply the Manager with

the following information

(1) owner's name and telephone (work & home);

(2) address to be served and name of county;

(3) owner's mailing address;

(4) name and address to which bills shall be mailed;

(5) licensed building sewer contractor's name;

(6) legal description of property to be served;

(7) all outside dimensions of building to be served;

(8) location of buildings on property to be served;

(9) purpose of building;

(10) full course of the proposed lateral; and

(11) fixture unit, load.

(f) No permit will be issued for lateral connection before the public waterline/sewer is

accepted by the Department.

(g) The permit card must be posted on the job and must be readily accessible to the

inspector for the Department.

(h) A licensed building contractor shall meet with the inspector on the job whenever so

directed by the Manager.

(i) Permits shall be denied or approved within ten (10) working days of the submitted

application and immediate notification of approval or denial shall be sent in writing to

applicant.

(j) No waterline/sewer permit shall be transferable.

(k) The building waterline/sewer permit fee shall be set by the Department.

408.9-4 Building Waterline/Sewer Contract. Building waterline/sewer contract between owners

and licensed building sewer contractors shall be subject to the following requirements:

4 O.C. 408 – Page 9

(a) The contract between the owner and the licensed building sewer contractor shall

provide that the building sewer contractor shall connect all outlets from plumbing fixtures

existing at the time the work is done unless specifically noted otherwise on the approved

permit application.

(b) The contractor shall, when requested by the owner, furnish the owner with a release

of lien or claims of both labor and material or with an affidavit stating same have been

paid before payment is accepted for the lateral work.

previous condition.

(d) A road excavation permit shall be required from the appropriate local government;

(e) Said road shall be inspected and approved by the appropriate designee of the

Department.

408.9-5. Wyes Tees, Stubs: Location, Inspection Riser. Wyes, tees, and stubs shall be located in

the following manner:

(a) Connection will be made at the point designated by the Department.

(b) If a lateral tee or stub is not found at the measurement given by the Manager, the

contractor shall prospect three feet in all directions from the measurement given and if

not found, then notify the Manager.

Manager.

(d) An inspection tee with a riser should be at grade with sleeve if needed, to not less

than one foot from the surface of the ground shall be placed on every building sewer at or

near the connection to a common sewer, the location to be approved by the Manager.

The tee shall be capped with a cast iron cover. If the inspection tee is located on private

property, the Department shall have the right to enter onto that private property and

excavate to the inspection tee at any time where there is reasonable doubt on the legal use

of the building sewer, but the Department shall restore to original condition, as specified,

after such excavation. An as-built plan locating the inspection tee for all hook-ups is

required. The plan shall locate the tee from two fixed reference points.

408.9-6. Costs of Building Sewer Borne by Owner. All costs and expenses incident to the

installation and connection of a private interceptor main sewer or the building sewer shall be

provided for every building unless the connection of more than one building to a single building

sewer is approved by the Department prior to the construction of such building sewer. If a

private interceptor main sewer is to exist, approved documents assuring that all properties

involved shall have perpetual use of the private interceptor main sewer, and having provisions

for maintenance and access for repair purposes, shall be signed by the recorded owners.

Approval by the Department is required prior to the installation of the private interceptor main

sewer. No more than one multiple dwelling, industrial or commercial building shall be

connected to a building sewer, unless otherwise approved by the Manager. If the building sewer

is to exist on more than one building site, approved documents assuring that all properties

involved shall have perpetual use of the lateral and having provisions for maintenance and access

for repair purposes, shall be signed by the recorded owners. This document shall be

acknowledged and recorded with the County Register of Deeds and the Tribe if land is owned in

fee status. This document shall be filed with the Tribe if land is in non-fee status.

408.9-7. Pre-Existing Building Waterlines/Sewers. Pre-existing building waterlines/sewers,

including septic tank lines, may be used only when they are found, on examination and test by

4 O.C. 408 – Page 10

the Manager, to meet all requirements of this Ordinance.

408.9-8. Plumbing and Building Waterlines/Sewer: Specifications. All building waste plumbing

shall be constructed in conformance with the Wisconsin Plumbing Code. Building sewers shall

be constructed of approved materials and shall conform to applicable provisions of the standards

used by the State of Wisconsin. All pressure laterals shall be constructed of suitable air and water

tight joints and conduit as approved by the Department. Wisconsin standards shall be used for

guidance unless and until tribal standards are adopted.

408.9-9. Building Waterline/Sewer: Size and Slope. The size and slope of the building sewer

shall be subject to the approval of the Manager, but in no event shall the diameter be less than

four inches for single connections and six inches for multiple connections. The slope of such

building waterline/sewers shall be not less than one-fourth (1/4) inch per foot or sufficient to

allow a flow of at least two feet per second.

408.9-10. Building Waterline/Sewer: Elevation, Direction. Whenever possible the building

sewer shall be brought to the building at an elevation below the basement floor. No building

sewer shall be laid under any building within two and one-half (2 and ) feet of any foundation

wall, unless the building sewer is constructed of a Schedule PVC. The minimum depth of trench

shall be two (2) feet. The building sewer shall be laid at uniform grade and in straight alignment

insofar as possible. Changes in direction shall be made only with properly curved pipe fittings, as

approved by the Manager. Fittings shall be used at all major changes of direction greater than

45% and cleanout shall be provided at such fittings. Wherever any building drain is constructed

too low to permit gravity flow to the Public Sewer, sewage carried by such drain shall be lifted

by approved artificial means and discharged to the public sewer at the owner's expense.

(a) Pre-existing building waterline/sewers serving a house with a septic tank may come

through wall down to eighteen (18) inches below a grade, a variance for such existing

sewers shall be applied for and approved by the Department subject to recommendations

of the Manager if they are deemed necessary for the safe operation of a sanitary system.

(b) Building sewers crossing under sidewalks or driveways shall require insulation,

polystrene R-10, or be of sufficient depth to be below the frost line. Plans for crossing

and backfilling shall be provided to the Department and shall be subject to approval of

the Manager.

408.9-11. Information from Department. The owner of any building shall be responsible for

obtaining from the Manager, the location and elevation of the sewer tee or sewer stub at the point

of connection and, in the case of new construction, for planning the building and plumbing to

provide adequate slope for the building sewer. The applicant for permit shall be responsible for

determining the available grade between building drain and sewer tee or stub.

408.9-12. Building Sewer: Excavation, Pipe Laying. All excavations required for the installation

of a building sewer shall be open trench work unless otherwise approved by the Manager. Pipe

laying and backfill shall be performed in accordance with the following specifications:

(a) Pipe shall be carefully bedded by over excavating and bedding with approved

granular material which shall be thoroughly tamped or trod under and alongside the pipe.

(b) No large rocks which may damage the pipe shall be left in the trench bottom and no

large rocks shall be placed in the backfill.

made by suitable fittings. Trench shall be free of water during laying of pipe.

(d) No backfill shall be placed over the pipe until the work has been inspected and

approved by the Department.

4 O.C. 408 – Page 11

(e) Backfill shall be placed by hand and be thoroughly tamped and or/ trod to six(6)

inches above the top of the pipe, until installation has been approved by the Manager.

(f) Only a licensed plumber may excavate in the vicinity of a Public Sewer or stubs.

(g) No downspouts, outside drains, sump pumps, footing drain or any other source of

clearwater waste shall be connected to a building sewer.

(h) Special bedding and construction methods shall be required where deemed necessary

by the Manager to protect public or private property.

(i) All sewer construction including laterals, mains, building sewers and private

interceptor main sewers shall comply with Federal OSHA Safety Requirements.

(j) Sewer mains, laterals, building sewers and private interceptor main backfill shall be

compacted to 95% compaction. The manner of compaction shall be approved by the

Manager prior to construction.

(k) All domestic wastes, including laundry wastes shall discharge to the Public Sewer.

408.9-13. Building Sewer: Connection to Public Sewer. The connection of the building sewer

into the Public Sewer shall be made at the stub, if such stub is available at the suitable location.

If no properly located stub is available, a neat hole may be cut into the Public Sewer to receive

the building sewer, with entry at right angles or in the downstream direction at an angle of about

forty-five degrees. Said hole may be cut only by a licensed sewer contractor. A forty-five degree

well may be used to make such connection, with the spigot end cut so as not to extend past the

inner surface of the Public Sewer. The invert of the building sewer at the point of connection

shall be at the same or at a higher elevation than the invert of the Public Sewer. A smooth neat

joint shall be made, and the connection made secure and water tight by installation of P.V.C.

saddle joints. Special fittings may be used for the connection only when approved by the

manager.

408.9-14. Building Water/Sewer: Inspection. The applicant or his authorized agent, for the

building permit shall notify the Manager when the building water/sewer is ready for inspection.

The applicant shall provide twenty-four (24) hour advance notice of inspection. Said inspection

shall be completed within twenty-four (24) hours of notification by applicant.

(a) All building water/sewer or laterals shall be tested by the time pressure drop method

as prescribed by the Manager. The test shall be performed by the applicant or his

representative and the Manager shall inspect and observe the testing.

(b) Proof that downspouts are not connected to building sewers may be established by

watering roof gutters and observing flow through inspection tee or by any other test

acceptable to the Manager.

408.9-15. Public Protection and Restoration: Excavations. All excavations for building

water/sewer installations shall be adequately guarded with barricades and lights so as to protect

the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the

course of the work shall be restored to its previous condition.

408.9-16. Plan Approval. All design plans and specifications which are prepared by engineering

firms registered with the Tribe shall be submitted to the Manager for review. No construction

shall be initiated prior to written approval of the plans and specifications by the Manager.

Approval by the Manager shall in no way be a warrant of the adequacy of said plans and

specifications by the District or relieve the applicant from providing functioning facilities

constructed in accordance with applicable codes and standards. The Manager may consult with

the Facilities Planning Committee prior to approval of said plans and specifications as deemed

appropriate by the Manager.

4 O.C. 408 – Page 12

408.9-17 Minimum Plan Requirements. Minimum requirements for sewer plans which are

submitted to the Manager for review are as follows:

(a) All documents shall be submitted in triplicate, two sets of which will be retained by

the Department and one set will be returned to the applicant.

(b) A plat of the area in which sewers are to be constructed. Said plat, is to be approved

by the Oneida Land Committee and reviewed by the Oneida Planning Office prior to

construction.

(d) A contour map of the plat with contour intervals of two feet or less.

(e) A plan and profile showing the location and depth of all proposed utilities.

(f) A plan map of the sewer system at a one inch equal to fifty feet horizontal scale

showing streets, lot lines, dimensions and location of bench marks and monuments

(g) A profile of the finished road grades showing one inch equal to fifty feet horizontal

scale and a one inch equal to ten feet vertical scale with the sanitary sewers and other

pertinent underground utilities located thereon. The elevation datum must be noted.

(h) Detail sheets as required to clearly indicate the construction details for all of the

sanitary sewer facilities to be constructed, including manholes, lampholes, service

laterials, street repairs, etc.

(i) Specifications as required to describe the work

(j) Plans shall be signed and stamped by the master plumber, M.P.R.S.W., licensed

plumbing designer, or an engineer, licensed by the State of Wisconsin and the Oneida

Tribe.

408.9-18. Minimum Contruction Requirements:

(a) All streets and roadways shall be graded to a minimum six (6) inches of final grade

before installing the sewer lines for new road construction.

(b) All water/sewer contractors shall be licensed and bonded under the laws of the Tribe

and the State of Wisconsin.

or with the proper use of air testing equipment as specified by Wisconsin Code.

(d) The minimum requirements for extensions which are to be designed by the District

shall be the submittal of five sets of plans of the approved plat in which sewer extensions

are desired, together with final street grades.

408.9-19. Permits for Water/Sewer Construction. The applicant shall obtain all necessary

permits at his own expense and shall pay all applicable fees and connection charges prior to

construction.

408.9-20. Fees for Lateral Design and Engineering. Where lateral extensions are to be designed

by the Department at the option of the applicant, fees for engineering and inspection and other

services required to be performed by the Department shall be in such sums as are determined by

time and materials, unless otherwise provided by regulations of the Department.

408.9-21. As Built Plans. Upon completion and acceptance of such construction, duplicate sets

of plans and specifications indicating any deviations As Built from plans and specifications

previously submitted shall be submitted to the Department by the applicant for approval.

(a) As Built plans should include a final blueprint of the permitted project as installed.

(b) Changes must be approved by the Manager.

408.9-22. A two way clean out will be placed in the service line approximately five (5) feet from

the house and not more than 100 feet from the sewer main.

4 O.C. 408 – Page 13

408.10. Building Water/Sewer Contractors

408.10-1. Plumbers License Required. For the purpose of assuring safe and quality construction

of building water/sewers, safe and quality connection of building water/sewers to the public

water/sewers of the Tribe, and affording satisfactory protection to the customers of the Tribe, it

shall be unlawful for any person to construct, install, repair, reconstruct, excavate or connect to

the water/sewer of the Tribe any building water/sewer, other than by a licensed building

water/sewer contractor holding a valid license of the Tribe and the State of Wisconsin.

408.10-2. License: Standards, Application. Sewer contractor licenses shall be issued by the

Department based on information contained on application and obtained from other reliable

sources relating to the experience, ability to perform the necessary work and reputation of the

applicant and his satisfying the requirements of this section. All applicants for the license shall

complete an application furnished to the Department which shall require the applicant to provide

information relating to his experience, ability to perform building water/sewer work and

personal, financial, and previous work references. The application may be in the form of a

contract whereby the applicant shall agree to abide by the building water/sewer and building

sewer contractor requirements of this Ordinance.

408.10-3. Building Water/ewer Contractors: Bond, Insurance. Every applicant for a license must,

prior to the issuance of the license to him, deposit with the Department:

(a) A surety bond in favor of the Tribe in the amount of $5,000.00 with a surety or

sureties thereon approved by the Department and conditioned that he will perform the

obligations of the application contract (if the application is in contract form) and the

resolutions and requirements of the Tribe relating to building sewers and building sewer

contractors, and

(b) Satisfactory proof that the applicant currently carries umbrella insurance coverage.

As long as a water/sewer contractor has a license, he shall maintain such bond and

insurance, and such additional limits as may be required from time to time, and shall

furnish proof thereof to the Department.

408.10-4. Building Water/Sewer Contractors: Responsibilities. Every licensee water/sewer

contractor shall:

(a) Post a valid building sewer permit at the site of the work prior to commencing the

work relating thereto.

(b) Contract for work using only the standard form of building water/sewer contract

approved by the Department, executed in duplicate or more copies, which shall provide:

(A) A clear description, including sketch, of the work to be performed and the

materials to be used; and

(B) That workmanship and materials shall be guaranteed for a period of one-year

after installation and acceptance thereof.

sewers and building sewer contractors, including such reasonable requirements of the

Manager relating to construction, installation, reconstruction and repair.

(d) Shall be liable for all damages to the Public Sewers or sewage works of the

District/Tribe caused by his work.

408.10-5. License: Revocation, Suspension. The license of a building water/sewer contractor

may be revoked by the Department at a regularly scheduled Facilities Planning Committee

meeting or temporarily suspended by the Manager until the next meeting of the Facilities

Planning Committee for any one of the following causes:

4 O.C. 408 – Page 14

(a) Fraud or misrepresentation in applying for or maintaining the license.

(b) Failure to observe the rules and regulations of the Department relating to building

water/sewers and building sewer contractors.

(d) Fraud or misrepresentation to the owner, occupant or agent or representative thereof

for the purpose of obtaining a contract for the construction of a building water/sewer, or

during the course of work done pursuant to such a contract, and including the failure to

adhere to the standard lateral contract.

(e) Failure to correct a violation and/or failure to make an appropriate payment within

thirty (30) days of receipt of notice covered by the guaranty in the standard lateral

contract.

(f) Failure to pay for work performed by the Department, or caused to be performed

thereby, for which the contractor may be liable.

(g) Failure to maintain, or, when requested, prove the maintenance of the surety bond

and insurance required to be maintained as stated above.

Prior to the meeting of the Facilities Planning Committee at which action or revocation of a

license will be taken, the contractor shall be notified and shall be afforded an opportunity to be

heard by the Department at that meeting. If the license is revoked, or suspended, the contractor

must forthwith cease any sewer construction work being performed by him within the District.

408.10-6. License: Renewal. The water/sewer contractor's license may be renewed annually by

application as aforesaid and satisfaction of the requirements of this section.

408.11. Violations of Ordinance

408.11-1. Liability to Department. Any person who violates any provision of this Ordinance

shall be liable to the Tribe for any expense, loss, damage cost of inspection, or cost of correction

incurred by the Tribe by reason of such violation, including any expenses incurred by the

Department in collecting from such person of such loss, damage, expense, cost of inspection or

cost of correction.

408.11-2. Notice of Violation. Any person or entity found violating any provision of this

Ordinance shall be served with Notice, Pursuant to Oneida tribal law, by the Manager. The

offender shall, within the period of time stated in said notice, permanently cease all violations

and make all necessary corrections within sixty (60) days.

408.11-3. Continued Violation: Penalty. Any person who shall continue any violation beyond the

time limit provided for in sec. (b) above, may be assessed a fine of not more than $250.00. Each

day a violation of this Ordinance continues beyond the time limit set forth in sec. (b) above shall

be considered a separate offense. These penalties shall be in addition to any other remedy

provided for herein.

408.11-4. Contested Cases. Any violation that results in a contested case shall comply with the

procedures designated by Oneida Tribal law.

408.12. Appellate Review

408.12-1. Appeal. Any decision or action of the Department or Facilities Planning Committee

may be appealed to an appeals body designated by the Tribe within the appropriate time period

pursuant to contested case procedures.

408.13. Billing

4 O.C. 408 – Page 15

408.13-1. Any person who has the care, custody, control or management of any premises or

building, or who has control of the operation thereof or the collection of rentals therefrom shall,

for the purpose of this Ordinance, be deemed to be the agent of the owner of such premises or

building, and the giving of all notices herein provided to that agent shall be deemed due notice to

the owner.

(a) Mailing or delivery of bills for sewer service charges, permit fees, connection or

trunkage charges, or other charges to that agent shall be deemed mailing or delivery to

the owner.

(b) A notice of re-occupancy must be provided in advance to the Department, if a

premises was previously unoccupied.

408.13-2. Billings and delinquency charges shall be controlled by such standard operating

procedures the Department may enact from time to time. This shall include, but not be limited

to, interest and cut-offs. Procedures of contested or appealed billings or charges shall follow

those of Oneida Tribal law.

408.13-3. Customers who reside on tribal land or individual trust land shall be billed in the same

manner as customers living on fee land.

408.13-4. Customers who reside on Tribal or individual trust land shall have payments of their

utility bills guaranteed by the Tribe. The Tribe shall follow internal procedures to collect

amounts owed to it.

408.14. Real Property

408.14-1. Entry. The Manager or the his or her designee, bearing proper credentials and

identification, shall be permitted to enter upon all properties for the purpose of inspection,

observation, measurement, sampling and testing in accordance with the provisions of this

Ordinance, upon twenty-four (24) hour notice to the owner/resident of the property. No notice

shall be required in the case of an Emergency.

408.14-2. Condemnation of Real Estate. Whenever any real estate or any easement therein, or

use thereof, shall in the judgment of the Department be necessary to the Public Water or Public

Sewer systems; and whenever, for any cause, an agreement for the purchase thereof, cannot be

made with the owner thereof, the Department shall proceed with all necessary steps to take such

real estate easement, or use by condemnation in accordance with the condemnation proceedings

adopted by the Tribe.

408.15. Water and Sewer Main Extension Rule

408.15-1. Sewer and water mains will be extended for new customers on the following basis:

(a) Where the cost of the extension is to be collected through arrangements set by the

Department against the abutting property.

(b) The Department shall recommend extension as long as said extensions comply with

Oneida Tribal land use plans.

408.16-1. Connections to the Public Water System

408.16-1. All premises to which water service is made available by the placement and/or

extension of water mains shall connect to the Public Water system no later than ninety (90) days

from the date that service is first made available. If an unusual hardship exists, this requirement

may be modified by the Department.

408.16-2. If an individual private water supply is available at the premises, such private water

4 O.C. 408 – Page 16

supply may be utilized by the owner, provided that no cross connection shall be made between

the private supply and the Public Water system. The owner of the premises shall connect to the

Public Water system regardless of private water supply. The owner shall be responsible for all

fees and charges resulting from the extension of water service and the connection to the Public

Water system.

408.16-3. Individual residential well owners may apply to leave their well uncapped if the

following conditions are met:

(a) The well be used for outside activities only, such as watering of gardens, lawns and

livestock.

(b) All residential units are connected to the Public Water system and all sewers be

connected only to the Public Sewer system.

for plumbing and health issues prior to that connection of Tribal water and that it be

tested each following year. Cost of testing will be born by the property owner, and

performed by the Department.

(d) If any well is not used for a period of one (1) year after the municipal connection, it

shall be capped and the cost of capping borne by the property owner.

408.16-3. Cross Connection Prohibited. No person, firm or corporation shall establish or permit

to be established or maintain or permit to be maintained any cross connection. No

interconnection shall be established whereby potable water from a private, auxiliary or

emergency water supply other than the regular Public Water supply of the Tribe may enter the

supply or distribution system of the Tribe, unless such private, auxiliary or emergency water

supply and the method of connection and use of such supply shall have been approved by the

Department.

408.16-4. Inspections. It shall be the duty of the Department to cause inspection to be made of

all properties served by the Public Water system is deemed possible. The frequency of

inspections an re-inspections based on potential health hazards involved shall be as established

by the Department.

408.16-5. Right to inspect. Upon presentation of credentials, the representative of the

Department shall have the right to request entry at any reasonable time to examine any property

served by a connection to the public water system of the Tribe for cross connections. If entry is

refused, such representative shall obtain a special inspection order pursuant to Oneida tribal law.

On request, the owner, lessee or occupant of nay property so served shall furnish to the

inspection agency any pertinent information regarding the piping system of systems on such

property.

408.16-6. Discontinuation of Service. The Department is hereby authorized and directed to

discontinue water service to any property wherein any connection in violation of this section

exists, and to take such other precautionary measures deemed necessary to eliminate any danger

of contamination of the Public Water system. Water service shall be discontinued only after

reasonable notice and opportunity for hearing pursuant to Oneida Tribal law. Water/sewer

service to such property shall not be restored until the cross connections(s) has been eliminated

in compliance with the provisions of this Ordinance.

408.16-7. Immediate Disconnection. If it is determined by the Department that a cross

connection or an emergency endangers public health, safety or welfare and requires immediate

action, a written finding to that effect shall be filed with the Department, delivered to the

customer s premises and service shall be immediately discontinued. The customer shall have an

4 O.C. 408 – Page 17

opportunity for hearing within ten (10) days of such emergency discontinuance.

408.17-1. Miscellaneous

408.17-1. Developer's Contract. The Department may enter into contracts with developers of real

estate for construction of sewer facilities by such developers in compliance with this and other

appropriate ordinances and such other terms and conditions as the Department deems proper.

408.17-2. Water/Sewer Extensions. All water/sewer extensions to the Public Sewer system shall

be designed by the Department and/or a qualified engineering firm and all construction in

progress shall be observed by a Tribal designee. All extensions shall be constructed and tested in

conformance with tribal standards and shall be tested in the presence of the Manager or his or her

designee. Upon the successful completion of the work, all sewer lines and other water/sewer

facilities within the public rights-of-way and private easements required for such extensions shall

be conveyed to the Tribe. Easements, where required, shall be granted to the Tribe prior to

acceptance of the work.

408.17-3. Appeal. Any decision or action of the Department may be appealed to an appeals body

designated by the Tribe within the appropriate time period. Procedures and rules shall be in

compliance with procedures adopted by the Oneida Tribe.

408.17-4. Amendments. This Ordinance may be amended by the Oneida Business Committee at

a duly called and advertised public hearing in which the public shall have the right to testify.

408.17-5. Manager Responsibilities and Limitations. The Manager shall be the Administrator of

the Public Water and Public Sewer systems and all instructions and decisions made by him shall

be final, but appeals from such instructions or decisions may be made as provided under this

Ordinance. Where this Ordinance requires approval by permission or decision of, or instructions

from the Manager, the Manager shall be guided solely by generally recognized engineering

standards and practices, the operational demands and requirements of the sewer works and the

peculiarities of construction, topography, soil condition or other relevant special factors affecting

the specific decision to be made by the Manager.

408.17-6. Nothing contained in this Ordinance shall be construed as a waiver of the Tribe s

sovereign immunity.

End.

Adopted - BC-4-20-90-B

Amendments -

BC-5-15-91-P

BC-5-7-92-C

BC-9-2-98-A

BC-6-30-04-H

BC-10-20-04-B

4 O.C. 408 – Page 18

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.