A.
All persons now receiving a water supply from the City of Onalaska
Water Utility, or who may hereafter make application therefor, shall
be considered as having agreed to be bound by the rules and regulations
as filed with the Public Service Commission of Wisconsin.
A.
Application for water service shall be made, in writing, on a form
furnished by the Public Works Department. The application shall require
the legal description of the property to be served, name of the owner,
the exact use to be made of the service, and the size of the supply
pipe and meter desired. (Note: particularly any special refrigeration
and/or air-conditioning, water-consuming appliances).
B.
Service will be furnished only if:
1.
The premises has a frontage on a properly platted street or easement
in which a ductile iron or other long-life water main has been laid,
or where property owner has agreed to and complied with the provisions
of the City specifications.
2.
The property owner has installed or agrees to install a service pipe
form the curbline to the point of use, and laid not less than six
feet below the surface of an established or proposed grade, and according
to the Utility's specification; and
3.
The premises has adequate piping beyond metering point.
C.
The owner of a multi-unit dwelling has the option of being served
by individual metered water service to each unit if it is under eight
units. If it is over eight units, the property must be served by a
master meter. The owner, by selecting this option, is required to
provide interior plumbing and meter settings to enable individual
metered service to each unit and individual disconnection without
affecting service to the other units. Each meter and meter connection
will be a separate water utility customer for the purpose of the filed
rules and regulations.
D.
No division of the water service of any lot or parcel of land shall
be made for the extension and independent meterage of the supply to
an adjoining lot or parcel of land. No division of a water supply
service shall be made at the curb for separate supplies therefrom
for two or more separate premises having frontage on any street or
easement whether owned by the same or different parties, unless approved
by City Engineer and each metered location has an individual curb-stop
shutoff.
E.
The City Engineer is hereby empowered to withhold approval of any
application wherein full information of the purpose of such supply
is not clearly indicated and set forth by the applicant property owner.
F.
Accounts shall be maintained and billed in the name of the property
owner unless otherwise required by Statute or Administrative Code.
A.
No person using water shall enter a claim against the City as a Water
Utility or any officer thereof, for damages to any fixtures or appurtenance
by reason of interrupted water supply or variation of pressure, or
for damage of any nature caused by turning off or on, either partially
or entirely, of the water supply for any premises, either for the
repairs or alterations of any water main, or for the discontinuance
of the service to their premises for violation of any rule or regulation
of the Water Department. No claims will be allowed against the Utility
or the City on account of interruption of supply caused by breaking
of pipes or by stoppage for repairs or fire or other emergency. In
case of a probable stoppage of water supply when time of interruption
can be forecast, every reasonable attempt will be made by the Water
Department to acquaint the users with the action proposed.
B.
During reasonable hours any officer or authorized employee of the
Utility shall have the right of access to the premises supplied with
service, for the purpose of inspection or for the enforcement of the
Utility's rules and regulations. As required by the Public Service
Commission, the Utility will make a systematic inspection of all unmetered
water taps for the purpose of checking waste and unnecessary use of
water. If entry to the premises is denied, the authorized inspector
may seek an inspection warrant pursuant to § 66.0119, Wis.
Stats.
A.
Purpose. Residents of the City of Onalaska depend exclusively
on groundwater for a safe drinking water supply. Certain land use
practices and activities can seriously threaten or degrade groundwater
quality. The purpose of this article is to institute regulations and
restrictions to protect the City's municipal water supply and well
fields and to promote the health, safety and general welfare of the
residents of the City of Onalaska.
B.
Applicability and authority. These regulations are established pursuant to the authority granted by the state legislature in 1983, Wisconsin Act 410 (effective May 11, 1984), which specifically added groundwater protection to the statutory authorization for municipal planning and zoning in order to protect the public health, safety and welfare. This ordinance applies to all wells located within the City's corporate limits. Water Utility customers outside the jurisdiction of the municipal water system may be required under contract agreement or utility rules to adopt and enforce equivalent ordinances within their jurisdiction for purpose stated in Subsection A above.
C.
Use of private wells; use of water supply.
1.
Private well abandonment generally. All structures and
buildings used, or intended to be used, for human habitation shall
connect to the municipal water supply within one year of the availability
of said water. All private wells shall, within 90 days after connection
to the City water supply, be permanently abandoned pursuant to Section
9.01.14C7 below unless the owner or owners obtain a well operation
permit from the City of Onalaska Water Utility. In the event permission
is granted to use a private well, it is expressly provided that the
water therefrom shall be used on outside hose bibs only.
2.
Well operation permit. A permit may be granted to operate
a well if the following requirements are met, except as otherwise
provided herein:
a.
The well and pump installation meet the requirements of Wis.
Adm. Code Ch. NR 812 and subsequent amendments, a well constructor's
report is on file with the DNR or certification of the acceptability
of the well has been granted by the private water supply section of
the DNR.
b.
The well construction and pump installation have a history of
producing safe water as evidenced by at least two samplings taken
a minimum of two weeks apart. No exception to this condition may be
made for unsafe wells unless the state Department of Natural Resources
approves, in writing, the continued use of the well.
c.
The proposed use of the well can be justified as being necessary
in addition to water provided by the public water system.
d.
No physical connection shall exist between the piping of the
public water system and the private well. The City may elect to do
a cross-connection inspection to verify compliance.
e.
A permit fee shall have been paid once every five years in an
amount determined annually by the City Council and set forth on the
City Fee Schedule.
3.
Additional conditions of permit. The right to construct,
install and maintain a well as authorized by permit under this section
shall be expressly conditioned upon the owners and successors in interest
complying with the following:
a.
The owner shall permit the Water Utility or its designee access
to the well for inspection and testing at anytime during working hours.
b.
No repair or modification of any well may be performed unless
prior notification is given to the Water Utility and the plan and
resulting construction is reviewed and inspected by the City Engineer
or designee.
c.
The City shall have the right to sample the water after completion
of any such repairs or modification. Such sampling shall be at the
owner's cost and may either be done by the City or by the owner at
the City's direction.
d.
The City shall have the right to randomly test or direct the
owner to test the well not more than two times in any six-month period.
The City may require additional testing if there is reason to believe
some contamination may be present or that the results of previous
tests may be invalid.
e.
The cost of any testing and sampling as provided in this section
shall be paid by the owner upon invoice by the City.
f.
A permit issued in accordance with the provisions of this section
shall be revoked by the City Engineer or designee upon notice to the
permittee that any of the following have occurred:
i.
The owner of the well has refused access to a well for testing
or has failed to follow a direction of order of the Water Utility
in regard to testing or sampling.
ii.
The owner of any well has neglected to pay for any tests authorized
with 30 days of billing invoice.
iii.
Any test results demonstrate well contamination and do not meet
reasonable health standards or are in violation of any state or municipal
ordinance dealing with well operation.
iv.
The parties aggrieved by permit revocation may appeal the initial
decision of the water superintendent to the Board of Public Works
by filing a written for review with the City Clerk.
4.
Application for permit. Applications for a well operation
permit shall be made in writing by the owner or owners of the well
to the City of Onalaska Water Utility. Application shall be upon a
form provided by the Water Utility and shall be made concurrently
with the application for a plumbing permit to connect the premises
with municipal water. A fee as determined by the City of Onalaska
Common Council and reflected on the City's Fee Schedule shall accompany
the well operation permit application. Applications for a well operation
permit must be approved by the City Engineer; upon approval by the
City Engineer, the application will be forwarded to the Board of Public
Works and the Common Council for approval. Applications to drill a
new well shall require a separate application for new well in addition
to the well operation permit; the application to drill a new well
shall be on a form provided by the City Engineer's office and shall
require a needs assessment and any other information deemed necessary
by the City Engineer and shall be reviewed in conjunction with the
well operation permit. The application to drill a new well shall be
accompanied with the applicable permit fee.
5.
Terms of permit. The well operation permit shall be
valid for five years from the date of issuance.
6.
Renewal permit. Renewal permits shall be issued for
the term and upon payment of the permit fee hereinabove mentioned.
Renewal well operation permits are subject to the same conditions
as initial well operation permits, as outlined in Section 9.01.14C3
above. The owner or owners shall certify when applying for a renewal
permit that the well is in good operable condition and is in conformity
with all applicable state and local laws and shall provide proof of
safe water by providing at least one sample, having been taken within
two weeks of the date of application. In the event the first sample
fails, the owner can provide an additional two samples taken a minimum
of two weeks apart to verify that the first sample was related to
domestic hygiene issues and not well safety problems. No exception
to this condition may be made for unsafe wells unless the state Department
of Natural Resources approves, in writing, the continued use of the
well. In the event it is found, upon any inspection, that any cross-connection
has been made between the municipal water supply system and the piping
of a private well water system, or that the well equipment is inoperable,
or does not meet state or local regulations, all permits shall be
immediately suspended. In the case of a cross-connection, the permit
shall be revoked and the well ordered properly abandoned in accordance
with applicable ordinances. In the event any inspection results in
a suspension of a permit and a second inspection is made to determine
if the reason for suspension has been eliminated, the owner shall
bear the cost of any reinspection fee as set forth on the Inspection
Department's Fee Schedule.
7.
Well abandonment. Upon revocation of a well permit in
accordance with this section or upon voluntary determination to abandon
the use of any well previously permitted hereunder, all wells under
the jurisdiction of this section shall be abandoned in accordance
with the procedures of Wis. Adm. Code Ch. NR 812. All debris, pump,
piping, unsealed liners, and other obstructions which may interfere
with the sealing operations shall be removed prior to abandonment.
The owner of the well or the owner's agent shall notify the City Engineer
or its designee at least 48 hours prior to commencement of any well
abandonment activities. The abandonment of the well shall be observed
by the Water Utility Superintendent or its designee and an abandonment
report form, supplied by the state Department of Natural Resources,
shall be submitted by the well owner to the Water Utility and the
state Department of Natural Resources within 10 days of the completion
of the well abandonment.
8.
Abandonment of unused or previously abandoned wells. It shall be the responsibility of the landowner of any real property
upon which a well is located to see to it that all wells located on
the owner's property have been properly abandoned in accordance with
the procedures of Wis. Adm. Code Ch. NR 812, regardless of whether
such owner has used such well. Upon discovery of any unused or previously
abandoned well, the owner shall notify the Water Utility and comply,
insofar as is practicable, with the procedures of Section 9.01.14C7.
In the case of a previously abandoned well, if the owner can produce
proof of compliance with state well abandonment requirements to the
satisfaction of the utilities manager/engineer, compliance with this
section may be deemed unnecessary. Such determination shall be at
the discretion of the utilities manager/engineer upon considering
the present and future possibility of groundwater contamination at
the well site.
9.
Failure to properly abandon well public nuisance. Failure
to abandon any well after revocation of a permit to follow the provisions
of Wis. Adm. Code Ch. NR 812, in abandoning such well, is hereby deemed
a public nuisance, and the City may cause such well to be property
abandoned and may assess the cost against the owner of the affected
property and collect it as a special tax.
A.
Water usage restrictions. The City Engineer, in concurrence
with the City Council, may request voluntary or impose mandatory outdoor
water usage restrictions on all water users in the City of Onalaska.
The restrictions may apply to all properties using City water or to
alternate sides of the street as deemed necessary by the City Engineer.
Alternate side restrictions would apply to even-numbered sides of
the street on even-numbered calendar days and odd-numbered sides of
the street on odd-numbered calendar days, respectively. Restrictions
may be for all day or for specified times each day. Reasons for such
restrictions will be given with each notice. Notice of the restrictions
shall be given to all news media in the City of Onalaska and posted
to the City's website and social media sites.
B.
Criteria for mandatory restrictions. Criteria for mandatory
restrictions shall be as follows:
C.
Outdoor water usage restrictions. The following restrictions
would be imposed based on the needs and concerns of the Water Utility.
The level of severity of the imposed restrictions would be based on
such factors as weather conditions and/or forecasts; water distribution
system pressure; reservoir levels, and groundwater levels:
A.
Cross-connection prohibited. No person 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 public water supply of the Utility, may enter the supply
or distribution system of the Utility, unless such private, auxiliary,
or emergency water supply and the method of connection and use of
such supply shall have been approved by the Utility and the State
of Wisconsin Department of Natural Resources.
B.
Inspections. It shall be the duty of the Utility to
cause inspection to be made of all properties serviced by the Utility
where cross-connection with the public water system is deemed possible.
Residential properties serviced by the Utility shall be inspected
at a minimum of one time every 20 years or coinciding with meter replacement
program. All nonresidential high-hazard properties serviced by the
Utility shall be inspected at a minimum of once every two years, all
nonresidential low/medium hazard shall be inspected every 20 years
or with meter replacement program. The Utility may, but is not required
to, perform the cross-connection inspection of the owner's property.
If the Utility is not able to perform the inspection, the property
owner must, at their own expense, have the plumbing inspected for
cross-connections by a State of Wisconsin certified cross-connection
inspector/surveyor or by a State of Wisconsin licensed plumber. The
frequency of required inspections and reinspections based on potential
health hazards involved may be shortened by the Utility. The Utility
may charge fees as approved by the Common Council for on-premises
follow-up visits by Utility personnel for reinspection due to customer
noncompliance and for after-hours inspections or reinspections.
C.
Right of entry. Upon presentation of credentials, representatives
of the Utility 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 Utility for cross-connection. If entry is refused,
such representatives shall obtain a special inspection warrant under
§ 66.0119, Wis. Stats. The Utility may disconnect service
for refusal to allow entry to examine any property. Upon request,
the owner, lesser, or occupant of any property so served shall furnish
to the inspection agency any pertinent information regarding the piping
system on such property.
D.
Authority to discontinue service. The Utility 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 damage of contamination of the public water system. Water service
shall be discontinued if the means of backflow prevention required
by the Utility is not installed, tested, maintained, and repaired
in compliance with this division and Wisconsin Administrative Code
Ch. NR 810, § SPS 382.22, Wis. Adm. Code, Wis. Stats., or
if it is found that the means of backflow prevention required by this
division has been removed or bypassed. Water service shall be discontinued
only after reasonable notice and opportunity for hearing under Ch.
68, Wis. Stats.
E.
Reconnection of service. Water service to any property
discontinued under the provisions of this ordinance shall not be restored
until the cross-connection has been eliminated or a backflow prevention
device approved by the Utility has been installed in compliance with
the provisions of this section. The Utility may charge fees as approved
by the Common Council for the reconnection of the water service.
F.
Emergency discontinuance of service. If it is determined
by the Utility that a cross-connection or an emergency endangers public
health, safety, or welfare and requires immediate action, service
may be immediately discontinued. The owner, lessee, or occupant shall
have an opportunity for hearing under Ch. 68, Wis. Stats., within
10 days of such emergency discontinuance. Such hearing shall be before
the City of Onalaska Board of Public Works.
G.
Owner responsibility. The property owner shall be responsible
for the elimination of or protection from all cross-connections on
their premises. The owner shall, at their expense, have installed,
maintained, and tested any and all backflow preventers on their premises
in compliance with Wisconsin Administrative Code Ch. NR 810 and SPS
Administrative Code. The property owner shall have corrected any malfunction,
revealed by periodic testing, of any backflow preventer on their premises.
The property owner shall inform the Utility of any proposed or modified
cross-connections and also any existing cross-connections that are
not protected by an approved backflow prevention device. The property
owner shall not install a bypass around any backflow preventer unless
there is a backflow preventer of the same type on the bypass. Property
owners who cannot shut down operation for testing of the backflow
prevention device must supply additional devices necessary to allow
testing to take place. In the event the property owner installs plumbing
upstream of the backflow preventer, such plumbing must have its own
approved backflow preventer. The property owner is required to follow
the protection practices described in the American Water Works Association
publication AWWA MI4, titled "Recommended Practice for Backflow Prevention
and Cross-Connection Control," unless the Utility requires or authorizes
other means of protecting the public water system. These requirements
or authorizations will be at the discretion of the Utility.
H.
Additional protection. In the case of premises having
internal cross-connections that cannot be permanently corrected or
controlled or intricate plumbing and piping arrangements or where
entry to all portions of the premises is not readily accessible for
inspection purposes, making it impracticable or impossible to ascertain
whether or not dangerous cross-connections exist, the public water
system shall be protected against backflow from the premises by installing
an approved backflow preventer in the service line. In the case of
any premises where there is any material dangerous to health that
is handled in such a manner that, in the opinion of the Utility, could
create an actual or potential hazard to the public water system, the
public water system shall be protected by an approved air-gap separation
or an approved reduced-pressure principal backflow preventer. Examples
of premises where these conditions will exist include sewage treatment
plants, hospitals, mortuaries, plating plants, and car wash establishments.
In the case of any premises where, in the opinion of the Utility,
an undue health threat is posed because of the presence of toxic substances,
the Utility may require an approved air gap at the service connection
to protect the public water system. This requirement will be at the
discretion of Utility.
I.
Wisconsin Administrative Code. Wisconsin Administrative
Code is hereby adopted, except any penalty provisions therein. Wisconsin
Administrative Code Ch. NR 810 is hereby adopted.
J.
Plumbing code. This section does not supersede the State
of Wisconsin Plumbing Code, SPS Administrative Code, or the City Plumbing
Code, City of Onalaska Municipal Code, but is supplementary to them.
K.
Fee schedule. Where the use of a cross-connection controlled
device has been approved as put forth above, the property owners shall
pay to the City of Onalaska a fee as outlined in the City Fee Schedule.
Additional water charges and deposits may apply per PSC Rate Schedule
BW-1. Costs related to the cross-connection control of the device
will be reviewed annually and may be subject to change.
A.
Protective devices in general. The owner or occupant
of every premises receiving water supply shall apply and maintain
suitable means of protection of the premises supply, and all appliances
thereof, against damage arising in any manner from the use of the
water supply, variation of water pressure, or any interruption of
water supply. There shall likewise be provided means for the prevention
of the transmission of water ram or noise of operation of any valve
or appliance through the piping of their own or adjacent premises.
(See Title 15, Chapter 01, Division 3, "Plumbing Code").
B.
Relief valves. On all closed systems (i.e., systems
having a check valve, pressure regulator, or reducing valve, water
filter or softener), an effective pressure relief valve shall be installed
either in the top tapping or the upper side tapping of the hot water
tank, or on the hot water distributing pipe connection at the tank.
A one-half-inch drainpipe shall be connected to the relief valve for
discharge on the floor or into a sink or open drain through an air
gap. No stop valve shall be placed between the hot water tank and
the relief valve or on the drain pipe. (See Title 15, Chapter 01,
Division 3, "Plumbing Code").
C.
Air chambers. An air chamber or approved shock absorber
shall be installed at the terminus of each riser, fixture branch,
or hydraulic elevator main for the prevention of undue water hammer.
The air chamber shall have a diameter not less than that of the pipe
it serves and a length not less than 15 diameters of said supply pipe.
Where possible, the air chamber should be provided at its base with
a valve and drain cock for water drainage and replenishment of air.
(See Title 15, Chapter 01, Division 3, "Plumbing Code").
A.
BACKFLOW
BACKFLOW PREVENTER
BACK PRESSURE
BACK SIPHONAGE
CROSS-CONNECTION
CUSTOMER
CUSTOMER SERVICE
DIRECTOR OF PUBLIC WORKS
MAINS
MUNICIPAL WATER SYSTEM
NON-COMPLYING
OWNER
PREMISES
PUBLIC WORKS DEPARTMENT
PUMP INSTALLATION
SERVICE LATERAL
UNSAFE WELL OR PUMP INSTALLATION
UNUSED WELL OR PUMP INSTALLATION
UTILITY SERVICE
WELL
WELL ABANDONMENT
For purposes of this division, the following definitions shall apply.
Words used in the singular shall include the plural and the plural,
the singular; words used in the present tense shall include the future
tense; the word "shall" is mandatory and not discretionary; the word
"may" is permissive.
The undesirable flow of water or mixtures of water and other
liquids, gases or other substances under positive or reduced pressure
into the Onalaska Water Utility (hereinafter "Utility") distribution
pipes of the potable supply of water from any source.
A device or means designed to prevent backflow caused by
back pressure or back siphonage; most commonly categorized as air
gap, reduced pressure principal backflow preventer, double-check-valve
assembly, pressure vacuum breaker, atmospheric vacuum breaker, hose
connection vacuum breaker, hose connection backflow preventer, backflow
preventer with intermediate atmospheric vent, and barometric loop.
An elevation of pressure in the downstream piping system
(i.e., pump, elevation of piping, or steam and/or air pressure) above
the Utility supply pressure, which would cause or tend to cause a
reversal of the normal direction of flow.
The flow of water or other liquids, mixtures or substances
into the distribution pipes of the Utility's potable water supply
system from any source caused by the sudden reduction of pressure
in the Utility's potable water supply system.
Any physical connection or arrangement between two otherwise
separate systems, one of which contains potable water from the Utility,
and the other containing 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, the direction of flow
depending on the pressure differential between the two systems.
The owner of the property.
The portion of the service lateral that is between the curb
box and the premises being served by the Water Utility.
The City Engineer/Utilities Administrator or their designee.
All pipes used for carrying water in the streets.
A community water system owned by a city, village, county,
town, town sanitary district, utility district, public inland lake
and rehabilitation district, municipal water district or a federal-,
state-, county-, or municipal-owned institution for congregate care
or correction, or a privately owned water utility serving the foregoing.
A well or pump installation which does not comply with § NR
812.42, Wisconsin Administrative Code, Standards for Existing Installations,
and which has not been granted a variance pursuant to § NR
812.43, Wisconsin Administrative Code.
Any person, firm, corporation or association owning property
or premises which is or can be supplied with water or their authorized
agent.
A single-family dwelling, two-family dwelling, an apartment
house occupied by more than one family, a building occupied by business
or other purpose, of any part of a building with the land appurtenant
thereto when sold as a separate unit.
The organization and operation of each and every part of
the water works system.
The pump and related equipment used for withdrawing water
from a well, including the discharge piping, the underground connections,
pitless adapters, pressure tanks, pits, sampling faucets and well
seals or caps.
The combined Utility and customer service which extends from
the public water main through the meter or to a point of two feet
outside the building if no meter exists.
One which produces water which is bacteriologically contaminated
or contaminated with substances which exceeds the drinking water standards
of Chs. NR 140 or 809, Wisconsin Administrative Code, or for which
a health advisory has been issued by the Department of Natural Resources.
One which is not used or does not have a functional pumping
system.
That portion of the service lateral from the public water
main through the curb box which is the property of the utility or
to the property line if no curb box or shutoff exists.
A drill hole or other excavation or opening deeper than it
is wide that extends more than 10 feet below the ground surface, constructed
for the purpose of obtaining groundwater.
The proper filling and sealing of a well according to the
provision of § NR 812.26, Wisconsin Administrative Code.
