[HISTORY: Adopted by the Village Board of the Village of
Waterford 5-11-2015 by Ord. No.
626. Amendments noted where applicable.]
GENERAL REFERENCES
Water and sewers — See Ch. 223.
A.
Authority and purpose.
(1)
The Department of Natural Resources, in Wis. Admin. Code § NR
810.15, requires that the water supplier for every municipal water
system develop and implement a comprehensive control program for the
elimination of all existing unprotected cross-connections and prevention
of all future unprotected cross-connections to the last flowing tap
or end-use device. This chapter shall be administered by the Department
of Public Works.
(2)
The purpose of this chapter is to protect the public water system
from contamination due to, but not limited to, the interconnection
of contaminants through the water service connection into the public
water system.
B.
Adoption of state Codes. Wisconsin Administrative Code Chapters NR
810 and SPS 382, as amended, are hereby adopted by reference and incorporated
into this section, subject to the limitations set forth herein.
C.
Definition of cross-connection. A cross-connection is defined as
a connection or potential connection between any part of a water supply
system and another environment containing substances in a manner that,
under any circumstances, would allow the substances to enter the water
supply system by means of back siphonage or back pressure, and/or
any physical connection or arrangement between two otherwise separate
systems, one of which contains potable water from the Village of Waterford's
public water system, and the other of which contains water from a
private source, water of unknown or questionable safety, or steam,
gases, or chemicals, whereby there may be a flow from one system to
the other, with the direction of flow depending on the pressure differential
between the two systems.
D.
Unprotected cross-connections prohibited.
(1)
No person may establish or maintain, or permit to be established
or maintained, any unprotected cross-connection. Cross-connections
shall be protected as required in Wis. Admin. Code Ch. SPS 382.
(2)
No person may remove or permit to be removed a cross-connection control
device or method.
(3)
No person may create or maintain an interconnection between the public
water supply system and another source of water unless permitted by
the Water Utility and the Department of Natural Resources in individual
cases.
E.
Cross-connection control program and inspections.
(1)
Cross-connection control program. The Village shall create and enforce
a cross-connection control program in accordance with Wis. Admin.
Code § NR 810.15. The frequency of regular inspections shall
be established by the Village in accordance with the Wisconsin Administrative
Code.
(2)
Inspections. Persons authorized by the Village may inspect property
served by the public water system for cross-connections, whether as
part of the Village's cross-connection control program (CCCP)
or at any other time.
(a)
Nonresidential inspections. A State-of-Wisconsin-certified cross-connection inspector/surveyor engaged by the Village shall periodically inspect all nonresidential buildings and premises served by the Village water system for unprotected cross-connections and shall order all such cross-connections to be immediately eliminated. The inspector shall comply with the inspection and compliance procedures outlined in the Village of Waterford cross-connection control program adopted by resolution of the Village Board. The inspector shall keep a record of each such inspection, all orders issued under this section, and all follow-up compliance inspections performed. Copies of all inspection records and other documents relating to cross-connection compliance shall be promptly filed with the Director of Public Works. Inspections shall be conducted pursuant to the schedule set forth in the CCCP. If the Director of Public Works determines that any nonresidential property poses a risk similar to, or less than, residential properties, the Director may waive the inspection requirement under this subsection and cause inspections to be made pursuant to Subsection E(2)(b). The Director shall keep a record of each such designation.
(b)
Residential inspections. The Director of Public Works, or a
qualified employee of the Public Works Department, shall inspect all
residential structures served by the Village's water system,
other than normal bathroom and kitchen fixtures, whenever any water
meter is removed, replaced or serviced, whenever he or she has reason
to believe an unprotected cross-connection exists, at other times
when requested by the property owner, and otherwise as required by
the CCCP. A record of each such inspection shall be maintained by
the Public Works Department. The inspecting employee shall order the
elimination of all unprotected cross-connections.
(c)
Public education. The Director of Public Works shall assure
that public education materials as required in the CCCP are distributed
as set forth therein.
(3)
Any unprotected cross-connection identified by an inspection shall be corrected within the time given by the inspector, who shall set a time for correction and reinspection at the time of the discovery of the violation. The time for correction may range between immediately and 60 days, depending on the type of cross-connection. The inspector shall notify the Director of Public Works of unprotected cross-connections. Failure to correct an unprotected cross-connection within the time given shall be sufficient cause for the Water Utility to discontinue water service to the property, as provided under Subsection H.
(4)
Cost of inspections. The cost of inspections of nonresidential properties set forth in Subsection E(2)(a) shall be allocated to each property served and are authorized to be levied and imposed on said property as a special charge pursuant to Wis. Stats. § 66.0627. The charges shall be included on the property tax bill for each property and shall be collected as set forth in said statute. Inspections performed by the Department of Public Works under Subsection E(2)(b) shall not be subject to this provision. The Village may, at its option, use any other method of billing authorized by law.
[Amended 3-14-2016 by Ord. No. 632]
F.
Right of entry. Upon presentation of credentials, an authorized representative of the Village shall have the right to request entry, at any reasonable time, to a property served by a connection to the public water system for the purpose of inspecting the property for cross-connections. Refusing entry to such Village representative shall be sufficient cause for the Water Utility to discontinue water service to the property, as provided under Subsection H. If entry is refused, a special inspection warrant under § 66.0119, Wis. Stats., may be obtained.
G.
Provision of requested information. The Village may request an owner, lessee, or occupant of property served by a connection to the public water system to furnish the Village with pertinent information regarding the piping systems on the property. Refusing to provide requested information shall be sufficient cause for the Water Utility to discontinue water service to the property, as provided under Subsection H.
H.
Discontinuation or denial of water for violation. Upon notification by the Director of Public Works or his or her designee, the Water Utility may discontinue or deny water service to any property wherein any unprotected connection in violation of this section exists, or where entry for an inspection has been denied, and take other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service may be discontinued, however, only after reasonable notice and opportunity for hearing under Wis. Stats. Ch. 68, except as provided in Subsection I. Water service to such property shall not be restored until the unprotected cross-connection has been eliminated or entry for inspection has been granted.
I.
Emergency discontinuance. If it is determined by the Village or Water
Utility that an unprotected cross-connection or emergency endangers
public health, safety, or welfare, and requires immediate action,
and if a written finding to that effect is filed with the Village
Clerk and delivered to the customer's premises, water service
may be immediately discontinued. The customer shall have an opportunity
for hearing under Wis. Stats. Ch. 68 within 10 days of such emergency
discontinuance. Water service to such property shall not be restored
until the unprotected cross-connection has been eliminated.
J.
Violations and penalties.
(1)
Any person who directly or indirectly prevents or hinders an authorized
Village representative or inspector from making an inspection, examination,
removal or installation under this section shall forfeit not more
than $25, plus costs, for each offense.
(3)
Each day in which a violation continues shall be deemed a separate
offense.
