City of Burlington, WI
Racine County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Burlington 1-5-1988 by Ord. No. 1203(25) as Ch. 13 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 115.
Plumbing — See Ch. 243.
Sewers — See Ch. 259.
Stormwater management — See Ch. 270.
Streets and sidewalks — See Ch. 274.
Subdivision of land — See Ch. 278.

§ 304-1 Water Utility and Utility Manager.

[Amended 11-5-1991 by Ord. No. 1362(16); 9-5-1995 by Ord. No. 1503(11)]
A. 
Water Utility operation. As provided in § 66.0805(6), Wis. Stats., the Common Council will be in charge of the operations of the Burlington Water Utility.
B. 
Manager. The Common Council shall appoint a manager who may be referred to as the "Utility Manager." He shall be the general executive officer of the Utility. He shall hold office for such time as shall be determined by the Common Council and shall give a bond conditioned on the faithful discharge of his duties in such sum and with such surety as shall be provided by the Common Council, and the Utility shall pay the premium therefor.
C. 
Manager duties. The Utility Manager shall have general supervision of the Utility under the direction of the Common Council. He shall engage necessary employees and agents subject to the approval of the Common Council. He shall have supervision of the buildings, grounds, machinery, pipes and all other matters connected therewith. He shall see that all laws, ordinances, rules and regulations of the State Public Service Commission and the Common Council as they pertain to the operation of the Utility are complied with and shall perform all other duties concerning the Utility imposed upon him by the Common Council and shall see that the conditions of contracts by or with such Utility are complied with.
D. 
City officials. The Utility, when necessary, may utilize the services of the City Engineer, City Attorney and other officials and employees on such basis as shall be mutually agreed upon or as determined by the Common Council. The general fund of the City shall be reimbursed by the Utility for the cost of the services of City officials and City employees.
E. 
Rules. The Common Council shall have power to make all necessary rules governing its own proceedings and for the governing of the Water Utility, which rules shall, however, not contravene any laws of the state or ordinances of the City.
F. 
Records. The records of the Water Utility shall show the names of all patrons, description of premises supplied, uses to which supply of water is put, rate of tariff and collections made. The records of the Manager shall indicate all meter readings and the total amount of water used as consumed between each reading and a record of all extensions, additions, changes, alterations and attachments made to the system of the Water Utility and of all meters and the locations thereof. The Water Utility shall maintain a map showing the locations and size of all pipelines, valves, junctions and service pipes and of the entire Water Utility system and shall from time to time make such additions or alterations in such maps as shall correspond to the changes in the physical plan and shall keep the same on file in its office.
G. 
Compensation. The Common Council shall fix the compensation to be received by all employees of the Water Utility.

§ 304-2 Compliance with rules required.

All persons now receiving a water supply from the City 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.

§ 304-3 Water main extensions.

[Amended 10-3-1989 by Ord. No. 1276(24)[1]]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CONTRIBUTOR
The owner of property at time of a contribution or refund, unless otherwise specified by written agreement.
CUSTOMER
The owner of premises to which water is now or is to be furnished, unless specific written agreements specify otherwise. The customer at all times means the property owner at the time a contribution is to be made or a refund becomes available.
B. 
Extension of existing water mains not otherwise subject to regulation by Chapter 278, Subdivision of Land, of this Municipal Code shall be made upon the order of the Common Council or the Board of Public Works only after said proposed extension has been referred to the Water Utility and the approval of said Water Utility has been obtained.
C. 
All extensions of water mains shall be placed and laid along the property to be served in the front yard of said property and to the farthest property line of said property by the shortest, most reasonable route approved by the Water Utility. Said extensions may be laid when, in the opinion of the Council, the Board of Public Works and the Water Utility, the number of consumers will warrant the laying of necessary pipes to supply water service. If the water main is extended for the development of a parcel, the developer of said parcel shall be responsible for and pay the cost of extending the water main, except for oversizing, as may be paid for by the City or Water Utility. The Water Utility shall have the exclusive jurisdiction to determine the size of the extension, but the Common Council shall remain vested with the sole power to contract for said extension construction. The minimum size of water main extension where fire protection is needed shall be eight inches. The size of other extensions shall be determined at the discretion of the Water Utility.
D. 
The expense of such extension shall be paid by the Water Utility and the same shall be levied as an assessment equivalent to the lesser of either Water Utility estimate at the time of the hearing or contract price for such extension of water mains, including street intersections, all main line valves and such incidental administrative costs and engineering expenses as are attributable thereto. Such assessment shall be determined according to the frontage of abutting properties benefited thereby and located within the area and confines of the water main extension project, provided that:
(1) 
Where the cost of extension is to be immediately assessed against the abutting property, the procedure set forth under § 66.0703, Wis. Stats., will apply.
(2) 
Where the City or the Utility is unwilling to make a special assessment because of low density of prospective consumers or for some other reason, extensions will be made on a customer-financed basis as follows:
(a) 
Basis for determining contributions from original customer. The applicant (or applicants, pro rata) will advance the amount that would have been assessed under Subsection D(1) above. The contribution must be paid in advance of construction.
(b) 
Additional customers and refunds.
[1] 
When additional customers are connected to a water main that was originally financed in part by customers, the Utility will require a contribution from each new customer equal to the existing average contribution. When the amount of customer contribution computed under this subsection is less than would have been assessed under Subsection D(1) above, the applicant for service shall pay an amount equivalent to the assessment. This amount shall then be refunded pro rata to all contributors along the extension whose remaining contribution still exceeds what would have been assessed under Subsection D(1) above.
[2] 
When refunds have reduced the contribution of any contributor to the applicable assessment per front foot, no further refund will be made to that individual. After all refunds have been made, the remaining premises that may connect will be charged at the rate per front foot established for the extension.
(c) 
Limit of extension. When an extension beyond an existing extension is required to serve a new customer and the cost for a customer exceeds the average remaining contribution in the original extension, then the new extension will be considered as an entirely new project, without funds or other connection with the original extension.
(3) 
When customers connect to a transmission main or connecting loops laid at Utility expense, there will be a contribution of an amount equivalent to the applicable assessment as determined in Subsection D(1) above.
(4) 
The development period during which refunds shall be made will be limited to 20 years.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 304-4 Maintenance and repairs.

The Water Utility may enter into contracts relating to the maintenance, repair, improvement and operation of the Utility. This power, however, shall be exclusive of contracts involving new construction. The Water Utility further reserves the right to shut off the water in the mains temporarily and to make repairs or alterations to the system. When the circumstances will permit sufficient delay, the Utility shall give notification by newspaper publication or otherwise of the interruption of the water supply. No rebate or damages will be allowed to consumers for the temporary suspension of supply.

§ 304-5 Tapping mains. [1]

No person, unless properly authorized by the Water Utility, shall tap or make any connection with any street main or distribution point until first having obtained a permit therefor from the Water Utility on a form of application to be provided by the Water Utility. No plumber or his workers shall shut off the water on any section of the main at any time, this right being expressly reserved to the Water Utility. No service connection or other attachments to any of the water mains shall be made except by corporation cock and in no case less in size than one inch in diameter, and copper pipe leads shall be connected by what is known as a plumber's flared connection. Between the water main and the meter on all service leads of two inches or less, copper type K pipe shall be used, and on all leads exceeding two inches, a cast-iron three-inch or larger pipe shall be used, unless otherwise approved by the Utility Manager.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 304-6 Installation of service lines and laterals.

Service lines and laterals extending from the main to the property line curb stopcock shall be installed at the time of installation of the water main to eliminate the necessity for subsequent street openings. The cost thereof shall be levied as a special assessment against the property served by such lateral at the same time as the assessment for the installation of the water mains and shall be classified as "aid to construction."

§ 304-7 Water service. [1]

A. 
Establishment of service. Application for water service shall be made in writing on a form furnished by the Water Utility. The application will contain 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 required. Size of pipe and meter required shall be established by the Water Utility. (Note particularly any special refrigeration or air-conditioning water-consuming appliances.)
(1) 
Service will be furnished only if:
(a) 
Premises have a frontage on a properly platted street or public strip in which a cast-iron or other long-life water main has been laid or where the property owner has agreed to and complied with the provisions of the Utility's filed main extension rule;
(b) 
The property owner has installed or agrees to install a service pipe from the curbline to the point of use, laid not less than six feet nor more than seven feet below the surface of an established or proposed grade and according to the Utility's specifications; and
(c) 
Premises have adequate piping beyond the metering point.
(2) 
The owner of a multi-unit dwelling has the option of being served by individual metered water service to each unit. 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 other units. Each meter and meter connection will be treated as a separate Water Utility customer for the purpose of the filed rules and regulations. See also § 304-9B(2)(d).
(3) 
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. Except for duplexes, 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 public service strip, whether owned by the same or different parties. Duplexes may be served by one lateral, provided that individual metered service and disconnection is provided.
(4) 
The Utility may 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.
B. 
Service contract.
(1) 
The minimum service contract period shall be one year unless otherwise specified by special contract or in the applicable rate schedule. Where the Utility has disconnected service at the customer's request prior to expiration of the minimum contract period, a reconnection charge shall be made, payable in advance, when the customer requests reconnection of service. See Schedule R-1 for applicable rate. The minimum contract period is renewed with each reconnection.
(2) 
A reconnection charge shall also be required from consumers whose services are disconnected (shut off at curb stop box) because of nonpayment of bills when due (not including disconnection for failure to comply with deposit or guarantee rules). See Schedule R-1 for applicable rate.
(3) 
A consumer shall be considered as the same consumer provided that the reconnection is requested for the same location by any member of the same household or, if a place of business, by any partner of the same business.
C. 
Temporary metered supply, meter and deposits. An applicant for temporary water supply on a metered basis shall make and maintain a monetary deposit for each meter installed as security for payment for use of water and for such other charges which may arise from the use of the supply. A charge shall be made for setting the valve and furnishing and setting the meter. See Schedule BW-1 for applicable rate.
D. 
Water for construction. When water is wanted for construction purposes or for filling tanks or other such uses, an application therefor shall be made to the Utility Manager, in writing, upon application provided for that purpose in the Water Utility office, giving a statement of the amount of construction work to be done or the size of the tank to be filled or the volume required for such other use. Payment for the water for construction shall be made in advance at the scheduled rates. The service pipe must be carried inside the cellar wall from where the water must be drawn. No connection with the service pipe at the curb shall be made without special permission from the Utility Manager. In no case will any employee of the Utility turn on water for construction work unless the contractor first presents a permit. Upon completion of the construction work, the contractor must return the original permit to the Water Utility. Consumers shall not allow contractors, masons, or other persons to take water from their premises without first showing a permit from the Water Utility. Any consumer failing to comply with this provision will have his water service discontinued. He shall be subject to a fine as set forth in § 304-14. See Schedule Mz-1 for applicable rate.
E. 
Use of hydrants.
(1) 
In cases where no other supply is available, permission may be granted by the Utility to use a hydrant. No hydrant shall be used until it is equipped with a sprinkling valve. In no case shall any valve be installed or moved except by a member of the Utility.
(2) 
Before a valve is set, payment must be made for its setting and for the water to be used at the scheduled rates. Where applicable, see Schedule BW-1 for deposits and charges. Upon completing use of the hydrant, the customer must notify the Utility to that effect.
(3) 
In the use of a hydrant supply, the hydrant valve will be set at the proper opening by the Utility when the sprinkling valve is set, and the flow of water must be regulated by means of the sprinkling valve. If the water is to be used through iron pipe connections, all such pipe installations shall have the swing joint to facilitate quick disconnection from the fire hydrant.
F. 
Operation of valves and hydrants and unauthorized use of water; penalty. Any person who shall, without authority of the Utility, allow contractors, masons or other unauthorized persons to take water from their premises, operate any valve connected with the street or supply mains, or open any fire hydrant connected with the distribution system, except for the purpose of extinguishing fire, or who shall wantonly damage or impair the same shall be subject to a fine as provided by municipal ordinance. Permits for the use of hydrants apply only to such hydrants as are designated for the specific use.
G. 
Refunds of monetary deposits. All monies deposited as security for payment of charges arising from the use of temporary water supply on a metered basis, or for the return of a sprinkling valve wheel or reducer, if the water is used on an unmetered basis, will be refunded to the depositor on the termination of the use of water, the payment of all charges levied against the depositor and the return of the wheel and reducer.
H. 
Service connections (or water laterals).
(1) 
No water service shall be laid through any trench having cinders, rubbish, rock or gravel fill or any other material which may cause injury to or disintegration of the service pipe, unless adequate means of protection are provided by sand filling or such other insulation as may be approved by the Utility Manager. Service pipes passing through curb or retaining walls shall be adequately safeguarded by provision of a channel space or pipe casing not less than twice the diameter of the service connection. The space between the service pipe and channel or pipe casing shall be filled and lightly caulked with an oakum, mastic cement, or other resilient material and made impervious to moisture. In backfilling the pipe trench, the service pipe must be protected against injury by carefully hand tamping the ground filling, free from hard lumps, rocks, stones or other injurious material, around and at least six inches over the pipe.
(2) 
All water supplies shall be of undiminished size from the street main into the point of meter placement. One-inch type K copper shall be minimum and two-inch type K copper shall be maximum copper. Larger service shall be of cast iron. All copper services shall be connected by what is known as a plumber's flared connection. Beyond the meter outlet valve, the piping shall be sized and proportioned to provide, on all floors, at all times, an equitable distribution of water supply for the greatest probable number of fixtures or appliances operating simultaneously.
I. 
Replacement and repair of service pipe. The service pipe from the main to and through the curb stop will be maintained and kept in repair and, when worn out, replaced at the expense of the Utility. The property owner shall maintain the service pipe from the curb stop to the point of use and can be billed for any water which has not passed through the meter and has been wasted by leakage or defective pipes and fixtures, as estimated by the Utility Manager. If a consumer fails to repair a leaking or broken service pipe from curb to point of metering or use within such time as may appear reasonable to the Utility Manager after notification has been served on the consumer by the Utility Manager, the water will be shut off and will not be turned on again until the repairs have been completed.
J. 
Thawing frozen services. Frozen services shall be thawed out by and at the expense of the Utility except where the freezing was caused by contributory fault or negligence on the part of the consumer, such as reduction of the grade or undue exposure of the piping in the building or on the consumer's property, or failure to comply with Water Utility specifications and requirements as to depth of service, lack of sufficient backfill, etc. Following the freezing of a service, the Utility shall take such steps and issue such instructions as may be necessary to prevent the refreezing of the same service. No charge will be made for rethawings if the instructions are followed. In case it is necessary to allow the water to flow to prevent refreezing the consumer must make provision for proper disposal of the wastewater. For the period in which the water is allowed to run the consumer will be billed according to his meter readings, but in no event to exceed the average amount paid in the corresponding billing periods of the previous two years. A new consumer will be charged the average bill for other consumers of the same class receiving service under comparable conditions.
K. 
Stop boxes. Each service shall be furnished with a stop cock and metal extension box approved by the Utility, easily accessible, and so situated below the action of frost that the water can be completely shut off. All new or replacement installations shall be placed between the lot line and the inner sidewalk or in the sidewalk at a depth not in excess of seven feet nor less than six feet below the established grade. The customer shall protect the stop box free from dirt and other obstruction. The Utility shall not be responsible for failure to locate a stop box and shut off the water in case of a leak on the consumer's premises.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 304-8 Water meters.

A. 
Installation of meters. Meters will be furnished and placed by the Utility and are not to be disconnected or tampered with by the consumer. The type and size of meters and service pipes required shall be established by rule of the Water Utility. All meters shall be so located that they shall be protected from obstructions and permit ready access thereto for reading, inspection, and servicing, such location to be designated or approved by the Utility Manager. All piping within the building must be supplied by the consumer. Where additional meters are desired by the consumer, he shall pay for all piping and an additional amount sufficient to cover the cost of maintenance and depreciation. Where applicable, see Schedule AM-1 for rate.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Repairs to meters. Meters will be repaired by the Water Utility and the cost of such repairs caused by ordinary wear and tear will be borne by the Utility. Repair of any damage to a meter resulting from the carelessness of the owner of the premises, his agent, or tenant or from the negligence of any one of them to properly secure and protect the same, including any damage that may result from allowing a water meter to become frozen or to be injured from the presence of hot water or steam in the meter, shall be paid for by the consumer or the owner of the premises.
C. 
Service piping for meter settings. In installing new service piping (or changing service piping where consumers have been on a flat rate), if meters are to be set, the consumer shall, at his expense, provide the proper connections for the meter. The Utility Manager should be consulted as to the type and size of meter setting. Where it is possible to set meters in the basement, or other suitable place within the building, a short nipple shall be inserted after the stop and waste cock, then a union, and then another nipple and coupling of the proper length. The nipple attached to the union and coupling shall be cut to a standard length provided by the plans of the Utility Manager (he may require a horizontal run of 18 inches in such pipeline) which may later be removed for the insertion of the meter into the supply line. Then a valve shall be installed on the outlet side of the meter on the riser. The minimum setting of the meter shall be 18 inches above the floor. No permit will be given to change from metered to flat rate service.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Turning on water. The water cannot be turned on for a consumer except by a duly authorized employee of the Utility. When a plumber has completed a job, he must leave the water turned off. This does not prevent him from testing his work. No service line shall be backfilled without first receiving an inspection by the Water Utility and written approval from the Water Utility.
E. 
Failure to read meters. Where the Utility is unable to read a meter after two successive attempts, the fact will be plainly indicated on the bill, and either an estimated bill will be computed or the minimum charge applied. The difference shall be adjusted when the meter is again read, that is, the bill for the succeeding quarter will be computed with the gallons or cubic feet in each block of the rate schedule doubled and credit will be given on that bill for the amount of the minimum bill paid the preceding month. Only in unusual cases or where approval is obtained from the customer shall more than two consecutive estimated bills be rendered. If the meter is damaged (see § 304-9C, Surreptitious use of water) or fails to operate, the bill will be based on the average use during the past year unless there is some reason why the use is not normal. If the average use cannot be properly employed, the bill will be estimated by some equitable method.
F. 
Complaint meter tests. If a customer demands that a test be made of his or her meter, such test, and any applicable fee therefor, shall conform to the requirements of § PSC 185.77, Wis. Admin. Code. Where applicable, bills shall be adjusted pursuant to § PSC 185.35, Wis. Admin. Code.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
Inspection of premises. 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. Whenever appropriate, the Utility will make a systematic inspection of all unmetered water taps for the purpose of checking waste and unnecessary use of water.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 304-9 Administration and billing.

A. 
Computation of charges.
(1) 
Unit of service (applicable only if provided for in the rate schedule). A unit of service shall consist of any residential or small commercial aggregation of space or area occupied for a distinct purpose, such as a residence, apartment, flat, store, or office, which is equipped with one or more fixtures for rendering water service, separate and distinct from other users. Each unit of service shall be regarded as one consumer and the surcharge for additional consumers on a meter assessed accordingly. Suites in houses or apartments where complete housekeeping functions (such as cooking) are not exercised shall be classed as rooming houses. Thus, houses and apartments having suites of one, two, or more rooms with toilet facilities, but without a kitchen for cooking, are classed as rooming houses. When a consumer's premises has several buildings each supplied with service and metered separately, the full service charge will be billed for each meter separately and the readings will not be cumulated. If these buildings are all used in the same business and are connected by the consumer they can be metered in one place. If the Utility, for its own convenience, installs more than one meter, the readings will be cumulated for billing.
(2) 
Billing procedures.[1]
(a) 
Reading of meters. Water meters shall be read every quarterly billing period. When meter readings cannot be obtained, the Utility shall estimate the volume of water used. This estimate shall be based upon the average use during the past year where practical. The difference in usage shall be adjusted when the meter is again read the succeeding billing quarter. Estimates shall not be used in more than two successive billing periods.
(b) 
Bills shall be mailed to the name and address requested by a customer or property owner. A sequentially numbered chronological log of all such requests shall be kept in a form readily accessible to all staff servicing customers. This information shall be accessible by date, account number, customer or address.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Collection policy and procedures.[2]
(1) 
Collection policy. Utility procedures and their application shall comply in all respects with requirements of the Wisconsin Administrative Code, Wisconsin Statutes, ordinances of the City of Burlington and Burlington Utility Rules and Regulations. The Finance Director shall see that all payments are properly handled, to assure against fraud, misappropriation and theft, and deposited on a timely basis to Utility interest-bearing accounts. Collection efforts shall be uniform and persistent. The Finance Director and Utility Manager shall assure that all personnel involved in collection activity have been trained in customer service, regulatory requirements and Utility policy and procedures and comply with requirements. Utility staff will treat all customers with consideration, dignity and in a nondiscriminatory manner, exhibiting an understanding of the customer's point of view. The Utility will refer customer disputes of water and sewer charges to the Utility Manager for review.
(2) 
Collection procedures.
(a) 
Delinquent payments.
[1] 
The Utility will apply a monthly interest charge to bills not paid within 20 days of issuance at a rate of 1% per month. This practice shall comply with provisions of § PSC 185.33(10), Wis. Admin. Code. This late payment charge will be applied to the total unpaid balance for Utility service, including unpaid late payment charges. The Utility will carry forward arrears including late charges on each successive bill and will clearly identify (new) late charges not previously shown.
[2] 
The Utility may disconnect accounts for nonpayment as allowed by Ch. 196, Wis. Stats., and Ch. PSC 185, Wis. Admin. Code.
(b) 
Reminder notices. The Utility will provide quarterly reminder delinquent notices not less than 20 days following bill issuance. The Utility shall continue to provide delinquent reminder notices to the property owner and/or renter at each successive billing period. When possible, the Utility will send annually a customer "bill of rights" insert, usually sent with delinquent reminder notices.
(c) 
Unbilled services. Pursuant to § 196.635, Wis. Stats., when an account has been unbilled, the period of recovery will normally be limited to two years unless the customer refused access or obtained service by fraud or deception or service was unmeasured due to removal or tampering with the meter device.
(d) 
Property owner responsible for service to rental dwelling units.
[1] 
The Utility shall provide the property owner a copy of the delinquent reminder notice every quarter for any rental property on which the renter receives the bill which is in arrears. A record shall be kept of all reminder notices sent to property owners. This record shall contain the account (renter's) name, property owner's name, address, account number and date of notice. This information shall be available by service address and account number.
[2] 
When tenants pay the Utility bill for a jointly metered property and the bill becomes in arrears, the Utility shall hold the property owner fully responsible for the bill as provided in § 196.643(2), Wis. Stats.
(e) 
Charges a lien. All arrearages as of October 15 every calendar year are subject to be levied as a tax on the property. The property owner shall be notified by letter October 15 and given until October 31 to remit payment. If arrearages are not paid, an additional ten-percent service fee shall be added to the balance and submitted to the county on November 1 for inclusion on the year-end property taxes in compliance with §§ 66.0810 and 66.0821, Wis. Stats. The Utility shall keep a record to show that it has sent these notices and shall keep a record of all arrearages assessed on the year-end tax roll and provide it to the Finance Director and Utility Manager.
(f) 
Deferred payment agreements. Deferred payment agreements shall be offered to customers in accordance with § PSC 185.33(16), Wis. Admin. Code, to pay arrears over an extended period of time.
(g) 
Returned checks. The Utility will charge the current nonsufficient funds (NSF) fee to a customer's account when a check is returned for insufficient funds. The customer must repay to the Utility the amount of NSF check in cash or money order only. A letter will be sent to the customer with notification of the NSF check, and, if not paid 10 calendar days after the written notice, the water service will be disconnected (per § PSC 185.37, Wis. Admin. Code). On the 11th day, the Water Utility will attempt to make contact with the customer and post a twenty-four-hour notice of disconnection. If service is disconnected, the customer must pay the current reconnection charge in order for water service to be reconnected.
(h) 
Investigations. Employees shall report evidence of fraudulent taking of water to the Utility Manager, who shall investigate the occurrence and provide notice to the offending person and follow up as appropriate. See § 941.36, Wis. Stats.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Surreptitious use of water. When the Utility has reasonable evidence that a consumer is obtaining his supply of water, in whole or in part, by means of devices or methods used to stop or interfere with the proper metering of the Utility service being delivered to his equipment, the Utility reserves the right to estimate and present immediately a bill for service unmetered as a result of such interference, and such bill shall be payable subject to a twenty-four-hour disconnection of service.
(1) 
When the Utility shall have disconnected the consumer for any such reason, the Utility will reconnect the consumer upon the following conditions:
(a) 
The consumer will be required to deposit with the Utility an amount sufficient to guarantee the payment of the consumer's bills for Utility service to the Utility.
(b) 
The consumer will be required to pay the Utility for any and all damages to its equipment on the consumer's premises due to such stoppage or interference with its metering.
(c) 
The consumer must further agree to comply with reasonable requirements to protect the Utility against further losses.
(2) 
Section 943.20, Wis. Stats., as relating to water service, is hereby adopted and made a part of these rules.

§ 304-10 General provisions.

A. 
Vacation of premises. When premises are to be vacated, the Utility shall be notified in writing at once, so that it may remove the meter and shut off the supply at the curb cock. The owner of the premises shall be liable to prosecution for any damage to the property of the Water Utility by reason of failure to notify the Utility of vacancy.
B. 
No claims for damages. No person shall enter a claim for damage against the City as a Water Utility, or any officer thereof, for damage to any pipe, fixture or appurtenance by reason of interrupted water supply or variation of pressure, or for damage of any nature whatsoever caused by the turning off or turning on, either wholly or partially, of the water supply for the extension, alteration or repair of any water main or premises supply, or for the discontinuance of the premises' water supply for the violation of any rules or regulations of the Water Utility. No claims will be allowed against the City on account of the interruption of the water supply caused by the breaking of pipes or machinery, or by stoppage for repairs, on account of fire or other emergency, and no claims shall be allowed for any damage caused by the breakage of any pipe or machinery.
C. 
Repairs to mains. The Utility reserves the right to shut off the water in the mains temporarily to make repairs, alterations or additions to the plant or system. When the circumstances will permit of sufficient delay, the company will give notification, by newspaper publication or otherwise, of the discontinuance of the supply. No rebate or damages will be allowed to consumers for such temporary suspension of supply.
D. 
Duty of Utility Manager with respect to safety of the public. The Utility Manager shall see that all open ditches for water mains, hydrants, and service pipes are properly guarded to prevent accident to any person or vehicle, and at night there shall be displayed signal lights in such manner as will, so far as possible, ensure the safety of the public, unless the work is being done by a private contractor, in which case the responsibility shall rest with the private contractor.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Handling water mains and service pipes in sewer or other trenches. Where excavating machines are used in digging sewers, all water mains shall be maintained at the expense of the contractor. Contractors must ascertain for themselves the existence and location of all service pipes. Where they are removed, cut or damaged in the construction of a sewer, the contractor must at his own expense cause them to be replaced or repaired at once. He must not shut off the water service pipes from any consumer for a period exceeding six hours.
F. 
Settling main or service trenches. Trenches in unpaved streets shall be refilled with moist, damp earth or by means of water tamping. When water tamping is used, the water shall be turned into the trench after the first 12 inches of backfill has been placed and then the trench shall be kept flooded until the remainder of the backfill has been put in.
G. 
Protective devices.
(1) 
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. Particularly, such owner or occupant shall protect water-cooled compressors for refrigeration systems by means of high-pressure safety cutout devices. There shall also 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 its own or adjacent premises.
(2) 
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 drainage on the floor 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 drainpipe.
(3) 
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 dias. of such 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.
H. 
Flow tests. The customer of the Utility or any other person shall not conduct a flow test without first obtaining written approval from the Utility. If such approval is obtained, the flow tests shall be controlled under the supervision of the Utility. A fee shall be paid to the Utility for such flow tests by the customer or any person making the same, in such amount as is from time to time determined by the Common Council.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
I. 
Lawn sprinkling ban.
[Added 7-5-1988 by Ord. No. 1215(14)]
(1) 
The Mayor may, upon receiving a request from the Water Utility, impose a ban upon lawn sprinkling upon such terms and conditions as the Mayor would deem necessary and essential.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Such sprinkling ban shall not prohibit residents and users of the City municipal water system from watering gardens, shrubs and trees.
(3) 
Any person violating this Subsection I shall, for the first offense, be given a warning; and, for any subsequent offense, shall be subject to a penalty as provided in Chapter 1, § 1-4 of this Municipal Code.
[Amended 8-19-2008 by Ord. No. 1868(10)]

§ 304-11 Water rates.

[Amended 11-1-1988 by Ord. No. 1227(24); 11-7-1989 by Ord. No. 1278(27); 11-18-2003 by Ord. No. 1740(20)]
Water rates shall be established and amended pursuant to Ch. 196, Wis. Stats., Wisconsin Public Service Commission orders, and Common Council approval. All rate schedules shall be available to the public at the office of the City Clerk, at the office of the Department of Public Works, Utility Division, and at the Public Library.
A. 
Public Fire Protection Service (F-1). The Utility shall charge the City an annual fee for fire protection service which shall include the use of hydrants for fire protection service only and such quantities of water as may be demanded for the purposes of extinguishing fires within the service area. This service shall also include water used for testing equipment and training personnel. For all other purposes, the metered or other rates as may be filed with the Public Service Commission shall apply. There shall be an additional annual charge per net hydrant added to the system in excess of the number of hydrants in existence at the time the fee is determined.
B. 
Public Fire Protection Service - Suburban (F-2).
(1) 
Water used for extinguishing fires outside the immediate service area of the Utility may consist of water supplied to tank trucks from Utility hydrants; water supplied directly from hydrants located within the corporate limits or on its borders by means of those lines; or water supplied to tank trucks from any other Utility water source.
(2) 
A record of the measured or estimated volume of water used shall be submitted to the Utility after each use for fire protection outside the Utility's immediate service area. If measuring or estimating is impossible, the Utility Manager shall be furnished such data as the size of orifice used, pressure and the time water was permitted to flow in order to determine the volume used.
(3) 
A charge for the volume of water used for each fire, either through a tank supply or from hydrants, will be billed to the township or fire department using water at the rate set forth in the most recent rate schedule. A service charge, in addition to the water charge, shall be charged per hydrant used.
C. 
Private Fire Protection Service - Unmetered (Upf-1). This service shall consist of unmetered connections to the main for automatic sprinkler systems, standpipes (where connected permanently or continuously to the mains) and private hydrants. Quarterly demand charges for private fire protection service shall be based upon the size of the connection and billed in the same manner as general service.
D. 
General Service - Metered (Mg-1).
(1) 
Quarterly service charge; volume charge. A quarterly service charge shall be made for each customer according to the size of the customer's meter. A volume charge shall be made per 100 cubic feet used each quarter.
(2) 
Billing. Bills for water service are rendered quarterly and become due and payable upon issuance following the period for which service is rendered. A late payment charge of 1% per month will be added to bills not paid within 20 days of issuance. This late payment charge will be applied to the total unpaid balance for Utility service, including unpaid late payment charges. The late payment charge is applicable to all customers. The Utility customer may be given a written notice that the bill is overdue no sooner than 20 days after the bill is issued. Unless payment or satisfactory arrangement for payment is made within the next 10 days, service may be disconnected pursuant to Ch. PSC 185, Wis. Admin. Code. See also § 304-9B(1).
(3) 
Combined metering. Volumetric meter readings will be combined for billing if the Utility, for its own convenience, places more than one meter on a single water service lateral. Multiple meters placed for the purpose of identifying water not discharged into the sanitary sewer are not considered for Utility convenience and shall not be combined for billing. This requirement does not preclude the Utility from combining readings when metering configurations support such an approach. Meter readings from individually metered separate service laterals shall not be combined for billing purposes.
E. 
General Service - Suburban (Mg-2).
(1) 
Quarterly service charge; volume charge. A quarterly service charge shall be made for each customer outside of the corporate limits of the City at the rate set forth in Schedule Mg-2, according to the size of the customer's meter. A volume charge shall be assessed per 100 cubic feet used each quarter at the rate set forth in Schedule Mg-2.
(2) 
Billing. See Subsection D(2).
(3) 
Combined metering. See Subsection D(3).
F. 
Public Service (Mpa-1).
(1) 
Water service supplied to municipal buildings, schools, etc., shall be metered and the regular metered service rates applied.
(2) 
Water used on an intermittent basis for flushing sewers, street sprinkling, flooding skating rinks, drinking fountains, etc., shall be metered where meters can be set to measure the service. Where it is impossible to measure the service, the Utility Manager shall estimate the volume of water used based on the pressure, size of opening and period of time water is allowed to be drawn.
G. 
General Water Service - Unmetered (Ug-1).
(1) 
Rate. Where the Utility cannot immediately install its water meter, service may be supplied temporarily on an unmetered basis for single-family residential and small commercial customers at an approximated volume of 2,500 cubic feet per quarter under Schedule Mg-1. If it is determined by the Utility that usage is in excess of 2,500 cubic feet per quarter, an additional charge will be made for the estimated additional usage at the rate set forth in Schedule Mg-1.
(2) 
Billing. See Subsection D(2).
H. 
Bulk Water (BW-1). All bulk water supplied to fill tank trucks or swimming pools from the water system through hydrants or other connections shall be metered. Utility personnel shall supervise the delivery of the water. A service charge, in addition to the volumetric charge, shall be required, and a deposit for the meter and/or valve shall be collected and subsequently refunded upon return of the Utility's equipment. Damaged or lost equipment shall be repaired or replaced at the customer's expense.
I. 
Other water charges. The following types of service shall be charged according to the indicated schedule:
(1) 
Seasonal, emergency or temporary service: Schedule Mgt-1.
(2) 
Building and construction water service: Schedule Mz-1.
(3) 
Remote reading register meter attachment: Schedule Mr-1.
(4) 
Reconnection charge: Schedule R-1.
(5) 
Water lateral installation charge: Schedule Cz-1.
(6) 
Temporary metered supply, meters and deposits: Schedule D-1.
(7) 
Hydrant charges: Schedule H-1.
(8) 
Returned check charge: Schedule OC-1.
J. 
Operating rules. The Utility shall operate pursuant to the operating rules in Schedule X-1, water main extension rule in Schedule X-2, and water main installations in platted subdivisions, Schedule X-3.

§ 304-12 Cross-connections.

A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CROSS-CONNECTION
Any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the City water system and the other 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.
B. 
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 regular public water supply of the City may enter the supply or distribution system of such municipality, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the City Water Utility and the Wisconsin Department of Natural Resources in accordance with § NR 811.09, Wis. Admin. Code.
C. 
Inspections.
(1) 
Required. The City Water Utility shall cause inspections to be made of all properties served by the public water system where cross-connection with the public water system is deemed possible. The frequency of inspections and reinspections based on potential health hazards involved shall be as established by the Water Utility and as approved by the Wisconsin Department of Natural Resources.
(2) 
Permission to enter. Upon presentation of credentials, the representative of the City Water 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 City for cross-connections. If entry is refused, such representative shall obtain a special inspection warrant under § 66.0119, Wis. Stats. On request, the owner, lessee or occupant of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property.
D. 
Discontinuance of service.
(1) 
For violations. The City Water 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 danger of contamination of the public water system. Water service shall be discontinued only after reasonable notice and opportunity for hearing under Ch. 68, Wis. Stats., except as provided in Subsection D(2). Water service to such property shall not be restored until the cross-connection has been eliminated in compliance with the provisions of this section.
(2) 
For reasons of health. If it is determined by the City Water Utility that a cross-connection or an emergency endangers public health, safety or welfare and requires immediate action, and a written finding to that effect is filed with the City Clerk and delivered to the customer's premises, service may be immediately discontinued. The customer shall have an opportunity for hearing under Ch. 68, Wis. Stats., within 10 days of such emergency discontinuance.
E. 
Effect on other laws. This section does not supersede the State Plumbing Code or Chapter 243, Plumbing, of this Municipal Code but is supplementary to them.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 304-13 Well abandonment.

[Amended 10-5-1993 by Ord. No. 1450(20); 10-2-1996 by Ord. No. 1540(15)]
A. 
Purpose. The purpose of this section is to protect public health, safety and welfare and to prevent contamination of groundwater by assuring that unused, unsafe or noncomplying wells, or wells which may act as conduits for contamination of groundwater, or wells which may be illegally cross-connected to the municipal water system, are properly maintained or abandoned.
B. 
Applicability. This section applies to all wells located on premises served by the City of Burlington municipal water system.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
MUNICIPAL WATER SYSTEM
A community water system owned by a city, village, county, town, town sanitary district, utility district or a federal, state, county, or municipal owned institution for congregate care or correction, or a privately owned water utility serving the foregoing.
NONCOMPLYING
A well or pump installation which does not comply with § NR 812.42, Wis. Admin. Code, Standards for Existing Installations, and which has not been granted a variance pursuant to § NR 812.43, Wis. Admin. Code.
PUMP INSTALLATION
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.
UNSAFE
A well or pump installation which produces water which is bacteriologically contaminated or exceeds the drinking water standards of § NR 812.06, Wis. Admin. Code, or for which a health advisory has been issued by the Department of Natural Resources.
UNUSED
A well or pump installation which is not used or does not have a functional pumping system.
WELL
An excavation or opening into the ground made by digging, boring, drilling, driving, or other methods for the purpose of obtaining groundwater for consumption or other use.
WELL ABANDONMENT
The filling and sealing of a well according to the provisions of § NR 812.26, Wis. Admin. Code.
WATER UTILITY
The City of Burlington Department of Public Works, Utility Division.
D. 
Abandonment provided. All wells on premises served by the municipal water system shall be abandoned in accordance with the terms of this section and Ch. NR 812, Wis. Admin. Code, no later than one year from the date of connection to the municipal water system, unless a well operation permit has been obtained by the well owner from the City of Burlington.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Well operation permit. The Water Utility shall grant a permit to a well owner to operate a well for a period not to exceed five years providing the conditions of this section are met. An owner may renew a well operation permit by submitting information verifying that the conditions of this section are met. The Water Utility, or its agents, may conduct inspections or have water quality tests conducted at the applicant's expense to obtain or verify information necessary for consideration of a permit application or renewal. Permit applications and renewals shall be made on forms provided by the City Clerk. All initial and renewal applications must be accompanied by a fee, as determined from time to time by the Common Council.
(1) 
The well and pump installation shall meet or shall be upgraded to meet the requirements of § NR 812.42, Wis. Admin. Code, and have a functional pumping system.
(2) 
The well construction and pump installation shall have a history of producing bacteriologically safe water as evidenced by at least two samples taken a minimum of two weeks apart. No exception to this condition may be made for unsafe wells, unless the Department of Natural Resources approves, in writing, the continued use of the well.
(3) 
There shall be no cross-connections between the well's pump installation and the municipal water system.
(4) 
The proposed use of the well and pump installation can be justified as reasonable in addition to water provided by the municipal water system.
F. 
Abandonment procedures.
(1) 
All wells abandoned under the jurisdiction of this section or rule shall be abandoned according to the procedures and methods of Ch. NR 812, Wis. Admin. Code. All debris, pumps, piping, unsealed liners and any other obstructions which may interfere with sealing operations shall be removed prior to abandonment.
(2) 
The owner of the well, or the owner's agent, shall notify the Water Utility at least 48 hours prior to commencement of any well abandonment activities. The abandonment of the well shall be observed by a representative of the Water Utility.
G. 
Penalties. Each day of violation is a separate offense. If any person fails to comply with this section for more than 30 days after receiving written notice of the violation, the municipality may impose a penalty as provided in § 304-14 and cause the well abandonment to be performed and the expense to be assessed as a special tax against the property.

§ 304-14 Violations and penalties. [1]

Except as otherwise provided in this chapter, any person who shall violate any provision of this chapter, or any order, rule or regulation made hereunder, shall be subject to a penalty as provided in Chapter 1, § 1-4 of this Municipal Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).