Metropolitan Sewerage District Rules and Charges., Chapter 1. Organization of City, Municipal Code, Code of Ordinances, West Allis

(1)

Purpose. The wastewater of the City of West Allis (the "City") is collected and treated in whole or in part by the wastewater system operated by the Milwaukee Metropolitan Sewerage District (the "District"). The purpose of this section is to enable this City to establish and collect from users within the City those charges which represent the proportionate contribution by such users both (a) to the cost of operating and maintaining the system; and, (b) that part of the cost of past and future capital improvements in the system not defrayed by an ad valorem tax on real property. Such charges are required to enable the District to become and remain eligible for federal grants for wastewater facility capital improvements.

(2)

Incorporation of District Rules and Regulations, Chapter 17. District Rules and Regulations, Chapter 17 promulgated by the District, as now in effect and as the same may be amended from time to time hereafter, are hereby incorporated by reference and shall be of full force and effect as though set forth in their entirety herein.

For purposes hereof, "Residential Structure," as defined in District Rules and Regulations, shall mean any building accommodating exclusively one or two (2) residential units.

(3)

User Charges. There is hereby imposed a charge on each user in this City who discharges wastewater, directly or indirectly, into the wastewater system operated by the District. Such charge shall be in the amount specified below for the various classes of users.

(a)

Residential Users. The residential user charge shall be based on a (uniform) (volumetric) charge, as follows: The uniform charge for each residential unit shall be calculated by dividing the wholesale residential user charge (i.e., the charge by the District to the City), excluding connection charges, by the number of residential units in the City. Individual residential user charges shall be calculated as the user's number of residential units times this uniform charge plus the user's number of residential structures times the connection charge.

(b)

Non-certified Commercial Users. The retail non-certified commercial user charge shall be based on a volumetric charge, as follows: The volumetric charge shall be calculated by dividing the wholesale non-certified commercial user charge (i.e., the charge by the District to the City), excluding connection charges, by the total volume of non-certified commercial water consumption. Individual non-certified commercial user charges shall be calculated by multiplying the user's volume of water consumption times this volumetric charge plus the user's number of service connections times the connection charge.

(c)

Discharge Certified Commercial Users. Each retail discharge certified commercial user charge shall be equal to each wholesale discharge certified commercial user charge submitted to the City, pursuant to Chapter 17, MMSD Rules.

(d)

Wastestrength Certified Commercial Users. Each retail wastestrength certified commercial user charge shall be equal to each wholesale wastestrength certified commercial user charge submitted to the City, pursuant to Chapter 17, MMSD Rules.

(e)

Non-certified Industrial Users. Each retail non-certified industrial user charge shall be equal to each wholesale non-certified industrial user charge submitted to the City, pursuant to Chapter 17, MMSD Rules.

(f)

Discharge Certified Industrial Users. Each retail discharge certified industrial user charge shall be equal to each wholesale discharge certified industrial user charge submitted to the City, pursuant to Chapter 17, MMSD Rules.

(g)

Wastestrength Certified Industrial Users. Each retail wastestrength certified industrial user charge shall be equal to each wholesale wastestrength certified industrial user charge submitted to the City, pursuant to Chapter 17, MMSD Rules.

(4)

Billing.

(a)

User charges shall be billed on a quarterly basis. In the event such bill is not paid when due, a penalty of one and one-half percent (1-1/2%) per month shall be added thereto.

(b)

All bills shall be payable at the Office of the City Treasurer, 7525 W. Greenfield Ave., West Allis, WI 53214.

(c)

In the event a user fails to certify data or in the event a user's certification is materially inaccurate or in the event there has been a substantial change in data since the date of the user's last certification, the District shall notify the user that the verification data determined by the District shall be used to determine the charge due for the current billing period and all future billing periods until the user submits a new certified statement.

(d)

Should inspection or verification by the District reveal that any statement certified by a user is materially inaccurate, the District shall redetermine the proper charge due and forward the new computation to the City in order that a bill for the deficiency may be sent. This deficiency billing shall be retroactive to the date or dates when the bills based upon the inaccurate certification were originally due and interest charges shall be applied to each deficiency, as provided in paragraph (a) above.

(e)

Unpaid User charges shall be a lien upon the property served and shall be enforced, as provided in sec. 66.0821(4)(d) of the Wisconsin Statutes.

(f)

Any person who violates, disobeys, omits, neglects or refuses to comply with any action required, pursuant to Chapter 17, MMSD rules, shall be fined not less than ten dollars ($10), nor more than two hundred dollars ($200) for each offense, together with the cost of prosecution. Each day that a violation continues to exist shall constitute a separate offense. Such fines are in addition to the User charges due the City.

(5)

Local Sewerage Charges. In addition to the charges imposed, pursuant to Sections (1) through (6) above, with respect to the usage of the wastewater system of the District, the City is also empowered, pursuant to sec. 66.0821(4)(a) of the Wisconsin Statutes, to establish and impose sewer charges necessary to meet the capital and operating and maintenance expenses of its local sewer system. Such charges are imposed and governed by Section 1.07 of the Revised Municipal Code. This ordinance shall not replace and repeal any other ordinance except to the extent of direct conflict therewith.