Town of Grand Chute, WI Chapter 523 Water

[HISTORY: Adopted by the Town Board of the Town of Grand Chute 1-7-1997 as Ch. 21 of the 1997 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Special assessments and charges — See Ch. 57, Art. II.

Building construction — See Ch. 220.

Housing standards — See Ch. 317.

Impact fees — See Ch. 330.

Sewers — See Ch. 440.

Stormwater management — See Ch. 463.

Subdivision of land — See Ch. 475.

§ 523-1 Water Department.

The term "Water Department" as used in these rules shall be construed to mean that department of the Town of Grand Chute Sanitary District No. 1 having charge and control of the waterworks system of the Town of Grand Chute Sanitary District No. 1.

§ 523-2 Board of Water Commissioners.

The Commissioners of Sanitary District No. 1 are hereby established as the Board of Water Commissioners. The Board shall have control of and be charged with management of the Water Department.

§ 523-3 Superintendent of Water Department.

The Superintendent shall have general supervision of the Water Department. He shall have charge of the direct operations of the Water Department and all matters connected therewith and shall enforce all ordinances, rules, and regulations governing the water system.

§ 523-4 Rules and regulations.

The following rules and regulations are hereby established for the government of the Water Department of the Town of Grand Chute Sanitary District No. 1 and the control of all persons doing work in and upon any of the mains, connections, and appliances pertaining to the water system of the Town of Grand Chute Sanitary District No. 1 and all persons and companies requesting and receiving water service: See current Public Service Commission (PSC) rules and regulations.

§ 523-5 Rate schedules. [1]

Current rate schedules are on file at the Water Department.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 523-6 Compliance with rules.

All persons receiving water service from the Town of Grand Chute Sanitary District No. 1 Water Department, 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.

§ 523-7 Establishment of service.

A. Application for water service shall be made by the owner or authorized agent of the property in writing on a form furnished by the Water Department. The application shall 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 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 public strip in which a ductile 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 Water Department's main extension rule;

(2) The property owner has installed or agrees to install a service pipe from the curb stop to the point of use, laid not less than six feet below the surface of an established or proposed grade, according to the Utility's specifications; and

(3) The premises has adequate piping beyond the metering point.

C. No division (tap) 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 without the approval of Town of Grand Chute Sanitary District No. 1. No division (tap) of a water supply service shall be made at the curb stop 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.

[Amended 9-2-2014 by Ord. No. 2014-09]

D. The Superintendent 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.[1]

[1] Editor's Note: Throughout this chapter, references to the "Manager" were amended to read "Superintendent" 12-20-2011 by Ord. No. 2011-30.

E. No connection will be made to the water system without concurrent meter installation.

F. Private distribution systems.

[Amended 9-2-2014 by Ord. No. 2014-09]

(1) The Town of Grand Chute Sanitary District No. 1 is required to own all water mains on private property which are, or in the future may become, connected to the Town of Grand Chute Sanitary District No. 1 distribution system at more than one point, thereby allowing possible backflow through the public water system. See Ch. NR 811, Wis. Adm. Code. An acceptable alternative to this subsection is the requirement that the private user emplace inspection vaults and check valves at the locations on the private water distribution system where the water distribution mains connect to the Town of Grand Chute Sanitary District No. 1 system. Therefore, any private distribution system under Ch. NR 811, Wis. Adm. Code, above referenced, shall require the owner of the private distribution system to install inspection vaults and check valves that will prevent backflow to the public distribution system. The private distribution system shall remain under the ownership of the nonmunicipal person or entity. All costs applicable to installation and the Town of Grand Chute Sanitary District No. 1 Engineer's inspection of the vault and check valves, including any engineering plans, specifications and Department of Natural Resources approvals (cost associated therewith), will be borne by the owner of the private distribution system.

(2) The owner or authorized agent of any private water distribution system within the Town of Grand Chute Sanitary District No. 1 that serves two or more premises shall perform a full leak detection survey every four years and submit a report of the findings to the Sanitary District. Said survey must be performed by a contractor approved by the Sanitary District and include all, but not limited to, hydrants, valves and curb stops within the private distribution system. All existing private water distribution systems within the Town of Grand Chute Sanitary District No. 1 that serve two or more premises shall have the survey completed and submit a report detailing the findings of the survey to the Sanitary District within nine months of the approval of this subsection and every four years thereafter. Any leak discovered by the distribution system surveys shall be repaired within 14 days of its discovery and the repair inspected by the Town’s plumbing inspector. All costs associated with the survey and/or leak repairs will be borne by the owner of the private distribution system. Estimated water loss from discovered leaks shall be charged to the customer in accordance with § 523-16

(3) Failure to conduct the survey or file reports as required by this Subsection F is considered a violation of the provisions of this chapter and shall subject violating property owners to citation and forfeitures as listed in the Town’s Uniform Forfeiture and Bond Schedule, each day of delinquency constituting a separate offense subject to citation.

§ 523-8 Service contract.

A. The minimum service contract shall be one year unless otherwise specified by special contract or in the applicable rate schedule. Where a customer, at his request, has been disconnected prior to expiration of his minimum contract period and his account is not delinquent and where thereafter he requests the reconnection of service in the same location, a reconnection charge as prescribed in the Town Fee Schedule, payable in advance, shall be collected. The minimum contract period is renewed with each reconnection.

B. A reconnection charge as prescribed in the Town Fee Schedule shall also be required from consumers whose services are disconnected because of nonpayment of bills when due (not including disconnection for failure to comply with deposit or guarantee rules).

C. 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 family or, if a place of business, by any officer of the same business.

§ 523-9 Temporary metered supply, meter and deposits.

An applicant for temporary water supply on a metered basis shall make and maintain a monetary deposit as prescribed in the Town Fee Schedule 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. The charge for setting the valve and furnishing and setting the meter will be as prescribed in the Town Fee Schedule. Water usage will be billed at present rates.

§ 523-10 Water for construction.

A. When water is wanted for construction purposes, or for filling cisterns, tanks or tank wagons, steam tractors or rollers, or portable steam boilers, an application therefor shall be made to the Superintendent, in writing, upon an application form provided for that purpose in the Water Department office, giving a statement of the amount of construction work to be done or the size of the cistern, boiler, tank or tank wagon to be filled. Payment for the water shall be made in advance at the scheduled rates. For construction, the service must be drawn. No temporary connection with the service pipe at the curb stop shall be made without special permission from the Superintendent.

B. 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 Department, together with a statement of the actual amount of construction work performed.

C. Consumers shall not allow contractors, masons or other persons to take water from their premises without first showing a permit from the Department. Any consumer failing to comply with this provision is subject to having his water service discontinued, fines, and other penalties.

§ 523-11 Use of hydrants for construction.

A. In cases where no other supply is available, permission may be granted by the Superintendent to use a hydrant. No hydrant shall be used until it is equipped with a sprinkling valve. A charge as prescribed in the Town Fee Schedule will be made for setting a valve or for moving it from one hydrant to another. In no case shall any valve be moved except by a member of the Water Department.

B. The Water Utility has invested a sum of money in excess of $200 for purchase of the hydrant, valve and meter. To help assure the Utility that this valve or meter is not lost while in the possession of a contractor, a deposit as prescribed in the Town Fee Schedule is requested. If the meter or valve becomes damaged or lost, the deposit will be used towards repair or replacement and will cover the insurance deductible. (See additional charges PSC report.)

C. Before a meter is set, payment must be made for its setting and for the water to be used at the scheduled rates. When the contractor has finished using the hydrant, he must notify the Water Department to that effect. The minimum charge for the use of water from a hydrant will be as prescribed in the Town Fee Schedule, exclusive of the deposit. (See additional charges PSC report.)

D. In the use of a fire hydrant supply, the hydrant meter will be set at the proper opening by the Water Department 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.

§ 523-12 Operation of valves and hydrants; unauthorized use of water.

Any person who shall, without permission from the Superintendent, 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 injure or impair the same shall be subject to a fine as prescribed in the Uniform Forfeiture and Bond Schedules, plus he shall pay for repair of the damage he has caused.

§ 523-13 Refunds of monetary deposits.

All moneys 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 depositor and the return of the wheel and reducer in good condition.

§ 523-14 Service connection or water laterals.

[Amended 5-18-1999]

A. 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 Superintendent. Service pipes passing through masonry 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.

B. In backfilling the pipe trench, the service pipe must be protected against injury by carefully hand tamping sand fill, free from hard lumps, rocks, stones, or other injurious material, around and at least six inches over the pipe.

C. All water supplies shall be of undiminished size from the street main in to the point of meter placement, unless otherwise approved by the Superintendent. 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.

D. The minimum size water service line hereafter installed shall be one inch in diameter. Service line sizes over one inch in diameter shall be according to the State Plumbing Code, unless a variance is approved by the Board.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

E. No building shall be constructed in the Town of Grand Chute, within the geographical boundaries of the district, after the effective date of this chapter, unless water service installation for said building is the installation of copper service from the water main to the curb stop. Ductile iron pipe or PVC pipe with tracer wire may be substituted for copper service with the express permission of the Utility Superintendent.

§ 523-15 Replacement and repair of service pipe.

A. Where the property owner requests that a large service lateral be installed to replace an existing smaller diameter pipe, he shall pay the actual cost of the installation. When replacing a water service, in many cases the existing material has been damaged or has deteriorated through natural causes. Thus the salvage value is minimal or nonexistent. It is extremely difficult to determine what the salvage value really is. To eliminate any conflict over determining the amount of the salvage value, the Utility has decided not to take a salvage value into consideration when replacing a water service.

[Amended 12-20-2011 by Ord. No. 2011-30]

B. 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 Water Department. 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 Superintendent.

C. If a consumer fails to repair a leaking or broken service pipe from curb stop to point of metering or use within such time as may appear reasonable to the Superintendent after notification has been served on the consumer by the Superintendent, the water will be shut off and will not be turned on again until the repairs have been completed.

§ 523-16 Charges for water wasted due to leaks.

A. Water losses that occur between the main in the street and the curb stop box are the responsibility of the Utility and may not be charged to the customer. The property owner has the responsibility for repair or replacement of the service piping from the curb stop to a point of metering, and the Utility is responsible for repair and replacement from the main through the curb stop. Water will be shut off after notification by the Superintendent that repair is required and will not be turned on again until repairs have been completed.

B. If a leak is not reported to the Utility, all investigation charges shall be billed, along with water wasted estimates by Superintendent, to the contractor who signed the permit.

C. Water losses that occur on the premises which are registered by the water meter shall be the responsibility of the customer and should be billed at the filed rate of the Utility. The Water Utility shall inform each customer at least once each year that it is the sole responsibility of the customer to prevent leakage in all piping and fixtures on the premises at and beyond the metering point and that any leaks or other losses of water registered by the meter will be billed at the filed rate.

D. Water losses from a leak found in a customer's appliance or plumbing shall be estimated and billed to the customer at a rate not less than the Utility's cost. [Section PSC 185.35(6), Wis. Adm. Code.]

[Amended 12-20-2011 by Ord. No. 2011-30]

§ 523-17 Thawing frozen services.

A. Frozen services shall be thawed by and at the expense of the Water Department except where the freezing was caused by contributory fault or negligence on the part of the consumer, such as undue exposure of the piping in the building or on the consumer's property or failure to comply with Water Department specifications and requirements as to depth of service, lack of sufficient backfill, etc.

B. Following the freezing of a service, the Water Department 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 were 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.

C. 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 customers of the same class receiving service under comparable conditions.

§ 523-18 Stop boxes.

The consumer shall protect the stop box and shall keep the same free from dirt and other obstructions. The Utility shall not be liable for failure to locate the stop box and shut off the water in case of a leak on the consumer's premises.

§ 523-19 Installation of meters.

[Amended 7-15-1997]

A. Meters and outside reading devices will be furnished and placed by the Water Department and are not to be disconnected or tampered with by the consumer. All meters and reading devices shall be so located that they shall be protected from obstructions and permit ready access thereto for reading, inspection, and servicing, such locations to be designated or approved by the Superintendent. 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 of the additional meter and reading device.

[Amended 12-20-2011 by Ord. No. 2011-30]

B. Multiunit buildings (apartment houses, high rises, etc.) shall be supplied from a single large service and meter or with each unit separately plumbed and individually metered with a remote register. All meters shall be contained in a separate locked room or area accessible to Utility personnel. The room or area will be limited to Utility personnel and the owner to ensure the integrity of the meter readings. The Utility and owner will be the only persons with a key to the room or area mentioned above.

C. The Sanitary District No. 1 may reinstall water meters that have been removed by Sanitary District personnel for construction, winterization, foreclosures or other requests from water customers, subject to the following fees and restrictions:

[Added 12-4-2012 by Ord. No. 2012-16]

(1) Water meter reinstallation within one year of removal shall be charged at Wisconsin Public Service Commission rates.

(2) Water meter reinstallation greater than one year from the date of removal, that had not previously paid the initial connection fees, will be required to pay the current Town of Grand Chute water impact fee as set forth in the Town of Grand Chute's Fee Schedule[1] in addition to reinstallation charges at Wisconsin Public Service Commission rates.

[1] Editor's Note: For the most current fees, consult the Town Fee Schedule on file in the Town Clerk's office.

(3) Where the meter has been removed by someone other than the Town of Grand Chute Sanitary District personnel, reinstallation shall also require the payment of a tampering fee as set forth on the Town of Grand Chute's Bond Schedule and fees for surreptitious use of water (see § 523-27).

(4) All fees are due prior to reinstallation of the meter.

(5) Such fees may be charged to the customer, owner, or both.

§ 523-20 Repairs to meters.

A. Meters will be repaired by the Water Department, and the cost of such repairs caused by ordinary wear and tear will be borne by the Water Department.

B. Repair of any damage to a meter or reading device 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.

§ 523-21 Service piping for meter settings.

A. In cases where a new customer whose service is to be metered installs the original service piping or where an existing metered customer changes his service piping for his own convenience, or where an existing flat rate customer requests to be metered, the customer shall, at his expense, provide a suitable location and the proper connections for the meter. The Superintendent 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 Superintendent (he may require a horizontal run of 18 inches in such pipeline) which may later be removed from the insertion of the meter into the supply line.

B. No permit will be given to change from metered to flat rate service.

§ 523-22 Turning on water.

The water cannot be turned on for a customer except by a duly authorized employee of the Water Department. When a plumber has completed a job, he must leave the water turned off. This does not prevent him from testing his work.

§ 523-23 Failure to read meters.

A. Where the Water Department 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 will be adjusted when the meter is again read, that is, the bill for the succeeding quarter will include the previous quarter. Only in unusual cases or where approval is obtained from the customer shall more than two consecutive estimated bills be rendered.

B. If the meter is damaged (see § 523-27, 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.

§ 523-24 Complaint meter tests. [1]

If a customer requests, the Water Department shall promptly make an accuracy test in addition to the periodic or installation test if 24 months or more have elapsed since the last complaint test of the same meter in the same location. If less than 24 months has expired, there will be a charge as prescribed in the Town Fee Schedule, payable in advance. If the meter is found fast in excess of 3%, any payment that was made for the test will be refunded and there will be an adjustment for past billings. See §§ PSC 185.61 through 185.78, Wis. Adm. Code.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 523-25 Right of entry.

During reasonable hours, any officer or authorized employee of the Water Department shall have the right of access to the premises supplied with service for the purpose of inspection or for the enforcement of the Water Department's rules and regulations. At least once every 12 months the Water Department will make a systematic inspection of all unmetered water taps for the purpose of checking waste and unnecessary use of water.

§ 523-26 Deposit and guarantee rules.

A. Customer deposits.

(1) New residential service. The Utility may require a cash deposit or other guarantee as a condition of new residential service if, and only if, the customer has an outstanding account balance with the Utility which accrued within the last six years and which at the time of the request for new service remains outstanding and not in dispute.

(2) Existing residential service. The Utility may require a cash deposit or other guarantee as a condition of continued service if, and only if, either or both the following circumstances apply:

(a) Service has been shut off or discontinued within the last 12 months for violation of these rules and regulations or for nonpayment of a delinquent bill for service which is not in dispute.

(b) Credit information obtained by the Utility subsequent to the initial application indicates that the initial application for service was falsified or incomplete to the extent that a deposit would be under these rules and regulations.

(3) Commercial and industrial service. If the credit for an applicant for commercial or industrial service has not been established to the satisfaction of the Utility, it may be required to make a deposit or otherwise guarantee to the Utility payment of bills for service.

(4) Conditions of deposit. The customer shall be advised, in writing if requested, why a deposit or other guarantee is being required. The deposit for a new residential service customer, commercial customer or industrial customer shall not exceed the highest estimated gross bill for any two consecutive months selected by the Utility. The deposit for an existing residential customer shall not exceed the highest actual gross bill for any two consecutive months selected by the Utility within the preceding twelve-month review period. Deposits shall bear simple interest at the legal rate, payable from the date of deposit to the date of refund or discontinuance of service, whichever is earlier.

(5) Refund of deposits. The Utility shall review the payment record of each residential customer with a deposit on file at not less than twelve-month intervals and shall not require or continue to require a deposit unless a deposit could be required under the conditions stated above. In the case of a commercial or industrial customer, the Utility shall refund the deposit after 24 consecutive months of prompt payment if the customer's credit standing is satisfactory to the Utility. Payment shall be considered "prompt" if it is made prior to notice of disconnection for nonpayment of a bill not in dispute. Any deposit or portion thereof refunded to a customer shall be refunded by check unless both the customer and the Utility agree to credit the regular bill or unless service is terminated, in which case the deposit with accrued interest shall be applied to the final bill and any balance returned to the customer promptly.

(6) Other conditions. A new or additional deposit may be required upon reasonable written notice of the need therefor if such new or additional deposit could have been required under the circumstances when the initial deposit was made. Service may be refused or disconnected for failure to pay a deposit request as provided in the rules. When service has been disconnected for failure to comply with the terms of a deferred payment agreement and satisfactory arrangements have been made to have service restored, a reconnection charge as specified elsewhere in these rules shall be paid by the customer as a condition to restoration of service.

(7) Guarantee contracts.

(a) The Utility may accept, in lieu of a cash deposit, a contract signed by a guarantor satisfactory to the Utility whereby payment of a specified sum not exceeding the cast deposit requirement is guaranteed. The term of a guarantee contract shall be two years but shall automatically terminate after the customer has closed his account or at the guarantor's request upon 30 days' written notice to the Utility.

(b) Upon termination of a guarantee contract or whenever the Utility deems the same insufficient as to amount or surety, a cash deposit or a new additional guarantee may be required upon reasonable written notice to the customer. Service to any customer who fails to comply with these requirements may be refused or, upon eight days' written notice, disconnected.

(c) The Utility shall mail the guarantor copies of all disconnection notices sent to the customer whose account he has guaranteed unless the guarantor waives such notice in writing.

(d) In lieu of a cash deposit or guarantee, an applicant for new service who has an outstanding account accrued within the last six years with the Utility shall have the right to receive service from the Utility under a deferred payment agreement as provided in these rules and regulations for the outstanding account balance.

(e) In the event that the Water Department is not able to collect any bill for water service even though deposit and guarantee rules are in force, the bill may be put upon the tax roll as provided in § 66.0809, Wis. Stats.

§ 523-27 Surreptitious use of water.

A. When the Water Department has reasonable evidence that a customer is obtaining a supply of water, in whole or in part, by means of devices or methods used to stop or interfere with the proper metering by the Water Department's equipment, the Water Department 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. When the Water Department shall have disconnected the customer for any such reason, the Water Department will reconnect the customer upon the following conditions:

(1) The customer will be required to deposit with the Water Department an amount sufficient to guarantee the payment of the customer's bills for water service to the Water Department.

(2) The customer will be required to pay the Water Department for any and all damages to its equipment on the customer's premises due to such stoppage or interference with its metering.

(3) The customer must further agree to comply with reasonable requirements to protect the Water Department against further losses.

B. Sections 98.26 and 943.20, Wis. Stats., as relating to water service, are hereby adopted and made a part of these rules.

§ 523-28 Vacation of premises.

When premises are to be vacated, the Water Department shall be notified in writing at once so that it may remove the meter and shut off the supply at the curb stop. The owner of the premises shall be liable to prosecution for any damage to the property of the Water Department by reason of failure to notify the Water Department of vacancy.

§ 523-29 Repairs to mains.

The Water Department reserves the right to temporarily shut off the water in the mains to make repairs, alterations or additions to the plat or system. When circumstances permit, the Water Department will give notification, by newspaper publication or otherwise, of the discontinuance of the supply. No rebate will be allowed to customers for such temporary suspension of supply.

§ 523-30 Protection of public safety.

When the Water Department with its own forces is making repairs or installing new mains and services, it shall be the duty of the Superintendent to 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 amber signal lights in such manner as will, so far as possible, ensure the safety of the public.

§ 523-31 Contractors responsible for water mains and service pipes.

A. Where excavating machines are used in digging sewers or other utilities, all water mains, service laterals and appurtenant Water Department equipment shall be maintained at the expense of the contractor.

B. Contractors must ascertain for themselves the existence and location of all Water Department mains, service laterals and appurtenances. Where they are removed, cut or damaged in the construction of a sewer or other utility, the contractor must at his own expense cause them to be replaced or repaired at once under the observation of and to the satisfaction of the Superintendent of the Water Department. He must not shut off the water service pipes from any customer for a period exceeding six hours.

§ 523-32 Superintendent to approve contractor's methods.

The contractor installing a sewer or other utility that crosses or exposes any main, service line or other equipment of the Water Department shall, before backfilling his trench, get approval of his methods from the Superintendent of the Water Department. The Water Superintendent shall also view the exposed water main, service line or appurtenant equipment before and while the sewer or other utility is backfilled.

§ 523-33 Bond and permit required of contractor.

A. To assure compliance with §§ 523-26 and 523-27 above, a contractor contemplating underground work (trenching, open cutting, tunneling, etc.) shall obtain a permit from, and post a bond with, the Superintendent of the Water Department. The permit shall be on the form furnished by the Water Department. Before a permit will be issued, the exact scope and nature of the contractor's intended work shall be made known to the Water Department Superintendent. The permit will cost the contractor an amount as prescribed in the Town Fee Schedule and double charges if work is started without permit application on file. The bond shall be in the amount of $2,000 and shall be held by the Water Department as a guarantee that any damage the contractor causes to the mains, service lines and equipment of the Water Department is repaired at the expense of the contractor to the complete satisfaction of the Superintendent of the Water Department. The contractor may combine this bond, for a total bond of $5,000, combining the same within the provisions of § 440-5 of this Code, where applicable. Under this subsection, all costs and expenses incident to the installation and connection of water mains shall then be borne by the owner and/or agent or contractor of the owner. Costs and expenses shall include any damage caused by the owner, or any agent/contractor of the owner, either to the Town of Grand Chute, the Town of Grand Chute Sanitary District No. 1, or to any third party resulting from said installation and connection of water mains or further resulting from negligent construction, negligent installation or negligent connection of water mains by the owner and/or any agent or contractor of the owner. Damages shall further include any loss or damages directly or indirectly occasioned by the installation and connection of water mains, including any damages resulting from trenching, open cutting or tunneling. Damages shall further include any legal expenses incurred by the Town of Grand Chute or the Town of Grand Chute Sanitary District No. 1 as a result of damages sustained during said installation and connection. The bond under this subsection, or under this section in general, shall provide, within its terms and conditions, that the bond shall remain in full force and effect for one year from date of completion of the installation of water mains.

B. In all cases where the installation and connection of water mains shall include any construction within a federal highway, state highway, or county highway right-of-way, or any trenching, open cutting or tunneling of any federal highway, state highway, or county highway, then the owner or any agent/contractor hired by the owner to accomplish the project shall post a bond with the Town or with the Water Department Superintendent as a guarantee and indemnity that any and all damages caused to any federal, state or county right-of-way or any federal highway, state highway, or county highway or any and all appurtenances thereto shall be repaired at the sole expense of the owner or the agent/contractor of the owner, all to the complete satisfaction of the Town or the Water Department Superintendent. This bond shall be in the amount of $50,000 when the installation and connection of water mains includes any trenching, open cutting or tunneling within any federal, state, or county highway or federal, state, or county highway right-of-way. The combined bond under this subsection and § 440-3C shall be in the amount of $50,000. Damages are defined hereunder to include all damages resulting from said installation and connection or resulting from any negligent installation, negligent connection or negligent construction. The term "damages" as utilized herein shall include any legal expenses incurred by the Town of Grand Chute or the Town of Grand Chute Sanitary District No. 1 as a result of damages sustained during said installation and connection.

§ 523-34 Protective devices.

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. Particularly, such owner or occupant must protect water-cooled compressors for refrigeration systems by means of high-pressure safety cutout devices. There shall likewise be provided means for the prevention of the transmission of water hammer or noise of operation of any valve or appliance through the piping of his own or adjacent premises.

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 distribution 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 sink and the relief valve or on the drainpipe.

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 shall be provided at its base with a valve and drain cock for water drainage and replenishment of air.

§ 523-35 Cross-connection control and backflow prevention.

[Amended 12-20-2011 by Ord. No. 2011-30; 3-17-2015 by Ord. No. 2015-02]

A. Purpose:

(1) To protect the public water supply served by Grand Chute Sanitary District No. 1 (the Water Department) from the possibility of contamination or pollution by isolating such contaminants or pollutants which could backflow or backsiphon into the public water system.

(2) To promote the elimination or control of existing cross-connections, actual or potential, between the customer's potable water system and nonpotable water systems or other sources of possible contamination.

(3) To provide for the maintenance of a continuing program of cross-connection control that will systematically and effectively prevent or eliminate the contamination or pollution of all potable water systems.

B. Authority/responsibility.

(1) The Safe Drinking Water Act, created by the federal government, and established through the Environmental Protection Agency (EPA), sets national safe drinking water standards and compels the states to take responsibility for the enforcement of these standards as well as the supervision of public water supplies and sources of drinking water.

(2) The Wisconsin DNR, through Chs. NR 810 and 811 and SPS 381 through 387, Wis. Adm. Code, requires that the Water Department shall cause surveys/inspections to be made of all properties served by the municipal water system where cross-connection with the public water system is deemed possible.

(3) The owner shall be responsible for the elimination of, or protection from, all cross-connections on his/her premises. The owner shall, at his/her expense, have installed, maintained, and/or tested any and all required backflow preventers on his/her premises.

(4) A qualified representative of the Department shall have the power and authority, at all reasonable times and for proper purpose, to inspect any property served by the municipal water system for cross-connections.

C. Definitions. As used in this section, the following terms shall have the meanings indicated:

BACKFLOW

The unwanted reverse flow of liquids, solids or gases.

BACKFLOW PREVENTER

Any assembly, device or means designed to prevent backflow caused by back pressure or backsiphonage.

BACK PRESSURE

A pressure greater than the supply pressure that may cause backflow.

BACKSIPHONAGE

The creation of a backflow as a result of negative pressure.

CROSS-CONNECTION

Any 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 backsiphonage or back pressure.

D. Administration.

(1) The Water Department will operate a comprehensive cross-connection control program, to include the initiation and notification of required surveys and testing for commercial, industrial and public authority properties, and surveying, notification and follow-up inspections as required for residential properties as well as keeping of all necessary records.

(2) The owner of each commercial, industrial and public authority property will be notified and shall, at his/her own expense, have his/her premises surveyed by the qualified contractor of his/her choice.

(3) The Water Department reserves the right to perform random compliance surveys of any commercial, industrial and public authority property in place of the routinely scheduled survey.

(4) All cross-connection control surveyors must be Wisconsin Cross-Connection Control Tester certified, Wisconsin-licensed journeymen or master plumbers or trained Water Department personnel.

(5) The frequency of surveys and inspections is based on the potential health hazards involved and shall be established by the Water Department in accordance with DNR guidelines.

(6) The owner shall allow his/her property and all piping, fixtures, appliances and appurtenances to be inspected for possible cross-connections at all reasonable times.

(7) Copies of all cross-connection control assembly performance testing conducted on any backflow preventer shall be provided to the Water Department and shall be available for review on site.

(8) This section does not supersede the State Plumbing Code or § 220-31 of the Town of Grand Chute Municipal Code, entitled "Plumbing."

E. Requirements; cross-connections prohibited.

(1) No person shall establish or permit to be established or maintain or permit to be maintained any cross-connection.

(2) No person shall remove, alter, bypass, disable or permit to be removed, altered, bypassed or disabled any cross-connection control method, device or assembly without providing appropriate protection in its place.

(3) No person shall establish or allow to be established any connection between the municipal water supply and another water supply supplied by a private well without prior written approval of both the Department of Natural Resources and Grand Chute Utilities.

(4) Cross-connections between any part of a water supply system and another environment containing substances other than municipal water are prohibited.

(5) Water supply systems and the connection to each plumbing fixture, appliance, piece of equipment, or appurtenance shall be protected by methods, devices or assemblies as approved by § SPS 382.41, Wis. Adm. Code.

(6) All direct connections to the sewer or other potential contamination source shall be eliminated immediately.

F. Reinspections. Any property owner, tenant, company or association which fails or neglects to comply with any lawful repair order issued by the Water Department or authorized personnel may be assessed a reinspection fee as listed in the current Town Fee Schedule, per inspections in excess of one.

G. Discontinuance of water service.

(1) The Water Department is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this section exists, and to take such precautionary measures deemed necessary to eliminate any danger of contamination of the public water supply.

(2) If it is determined by the Water Department that a cross-connection or an emergency endangers public health, safety or welfare, water service may be immediately discontinued.

(3) Water service shall not be restored until cross-connections have been eliminated in compliance with this section.

§ 523-36 Additional rules and regulations.

Chapter PSC 185, Wis. Adm. Code, as relating to standards for water public utility service, is hereby adopted and made a part of these rules.

§ 523-37 Connection to water system.

A. All premises to which water service is made available by the placement and/or extension of water main shall connect to the water system no later than 90 days from the date that service is first made available. If the Sanitary District Commissioners find that an unusual hardship exists or that special circumstances exist regarding proposed water services made available to residents within the jurisdiction of the Sanitary District, then this requirement can be modified in the sole discretion of the Sanitary District Commissioners. In no event may the time for connection to the water system be extended beyond five years from the date that service is first made available; provided, however, that any time extension for connection to the water system shall be immediately terminated if either a biological or chemical test of the existing well reveals contamination in the private water system. In such event, the property in question shall connect to the public water system as quickly as possible, but in no event later than 30 days from the date that the test results are made available.

B. If an individual private water supply is available at the premises, such private water supply may be utilized by the owner after public water is extended, at his discretion, provided that no cross-connection shall be made between the private supply and the Water Department's water system and provided that the owner of the premises must still connect to the Water Department's system and will be responsible for all fees, assessments, minimum charges, etc., resulting from the extension of water service and the connection to the Water Department's water system. Any building hereinafter erected or constructed in the Town of Grand Chute where the owner desires an individual private water supply shall have such construction reviewed and approved by the Sanitary District Commissioners. Such approval shall generally be limited to outdoor water uses, such as ponds, pools, and landscaping uses. If the owner requests use of a private well for indoor plumbing, it shall be provided such that, in addition to no cross-connection as above stated, the individual owner's drinking and toilet facilities shall be connected to the Water Department's system.

§ 523-38 Separate water service. [1]

Where two or more residences, stores, commercial buildings, or other buildings are joined by a common wall so that it is possible to have two or more persons own the two or more residences, stores, commercial buildings or other buildings, or portion thereof, each such residence, store, commercial building or other building shall have a separate water service to the water main and shall be separately metered. If this rule creates an unreasonable situation in the opinion of the Board of Water Commissioners, the Board reserves the right to waive or modify this rule.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 523-39 Service outside of district limits.

No water service will be provided to property located outside of the Town of Grand Chute Sanitary District No. 1 boundaries. If the owner of the property or properties located adjacent to but outside of the Town of Grand Chute Sanitary District No. 1 boundaries desires to obtain service, such owner or owners must petition the Board of Water Commissioners for annexation to the Town of Grand Chute Sanitary District No. 1. Water service may be provided to such properties after annexation has been completed.

§ 523-40 Tax levy.

The Town of Grand Chute Sanitary District No. 1 reserves the right to levy a tax pursuant to § 60.77(6), Wis. Stats., upon all taxable property in the district to provide adequate funds to help meet the debt service requirements and operating expenses of the system.

§ 523-41 Water main extensions.

Water mains will be extended for new customers on the following basis:

A. Where the cost of the extension is to immediately be collected through assessment by the municipality against the abutting property, the procedure set forth under § 66.0703, Wis. Stats., will apply, and no additional customer contribution to the Utility will be required.

B. Where the municipality is unwilling or unable to make a special assessment, then extension will be made on a customer-financed basis as follows:

(1) The applicant(s) will advance as a contribution in aid of construction, the total amount equivalent to that which would have been assessed for all property under Subsection A.

(2) Part of the contribution required in Subsection B(1) will be refundable. When additional customers are connected to the extended main within 20 years of the date of completion, contributions in aid of construction will be collected equal to the amount which would have been assessed under Subsection A for the abutting property being served. This amount will be refunded to the original contributor(s). In no case will the contributions received from additional customers exceed the proportionate amount which would have been required under Subsection A nor will it exceed the total assessable cost of the original extension.

C. When a new customer(s) is connected to an existing main, not financed by customer contributions, it shall not be considered as a main extension and no contribution may be collected from the customer(s).

§ 523-42 Water main assessment procedure.

A. Whenever the Board of Water Commissioners, Town of Grand Chute Sanitary District No. 1 (water service), shall cause to be constructed a water main in any street, alley, easement area or right-of-way within the Town of Grand Chute Sanitary District No. 1, the District shall assess abutting property owners, utilizing its police powers, under the provisions of Chs. 60 and 66, Wis. Stats., in particular § 66.0703(1)(b), Wis. Stats., as amended. The rate, per front foot of charged special assessment, for water main construction to abutting property owners shall be as determined by the Board of Water Commissioners following public hearing and final resolution procedures under the above-stated statutes.

B. Assessments shall be charged as per Town of Grand Chute Special Assessment Policy approved August 17, 1993.[1]

[1] Editor's Note: See Ch. 57, Art. II, Special Assessments and Charges.

C. In addition to any of the assessment methods heretofore set forth in this chapter, the Board of Water Commissioners of the Town of Grand Chute Sanitary District No. 1 (water service) may also implement a unit cost assessment method for calculating special assessments. Use and implementation of the unit cost assessment method shall be determined in the discretion of the Board of Water Commissioners, Town of Grand Chute Sanitary District No. 1. The unit cost assessment shall be determined by distributing the total project costs among each parcel abutting the construction areas on a residential equivalent user basis. Residential equivalent users (REU) shall be determined for each parcel, property, resident and business in the following manner:

(1) Each single-family home or lot shall be the equivalent of one REU.

(2) Residential equivalent users shall be determined for all other parcels, properties and businesses on a meter equivalency basis as follows:

	Water Meter Size (inches)	REU
	5/8 or 3/4	1.0
	1	2.5
	1 1/4	3.7
	1 1/2	5.0
	2	8.0
	2 1/2	12.5
	3	15.0
	4	25.0
	6	50.0
	8	80.0
	10	120.0
	12	160.0

§ 523-43 Initial user contribution charge for multiunit dwellings. [1]

Where the owner of a multiunit dwelling exercises the option pursuant to Public Service Commission rules and regulations for the Town of Grand Chute Sanitary District No. 1, being individual metered water service to each unit, all fees, assessments and minimum charges under § 523-5 shall be paid for each individual metered service and all meter services added in the future.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 523-44 Regulations part of contract.

This chapter establishes rules, rates and regulations governing the Water Department of the Town of Grand Chute Sanitary District No. 1. In addition, the Town of Grand Chute Sanitary District No. 1 operating rules and regulations, adopted pursuant to Public Service Commission Authorization Order No. 2-U-8037, letter dated September 15, 1975, are incorporated herein by reference. All such rules and regulations, including the provisions of Ch. PSC 185, Wis. Adm. Code, adopted herein by reference, shall be considered a part of the contract, and every person, company or corporation who or which is supplied with water agrees to be bound thereby. Each such person, company or corporation shall be known in these rules and regulations as the "customer."

§ 523-45 Violations and penalties.

A. Any person found to be in violation of any provision of this chapter, where the provision has no penalty terms or conditions or corrective terms and conditions, shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the time prescribed in such notice, permanently cease all violations.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Any person who shall continue any violation beyond the time limit provided for in Subsection A above shall, upon conviction thereof, forfeit an amount as prescribed in the Uniform Forfeiture and Bond Schedules for each such violation, together with the costs of prosecution, and in default of payment of such forfeiture and the costs of prosecution shall be imprisonment in the county jail until such forfeiture and costs of prosecution are paid, not to exceed 90 days.

C. Any person violating any of the provisions of this chapter, where not in violation of any statute or Public Service Commission rule or regulation, shall become liable to the Town of Grand Chute Sanitary District No. 1 for any expenses, losses or damage occasioned to the Sanitary District by reason of such violation, which shall be recovered by a civil action by the Attorney for the Sanitary District.

§ 523-46 Extensions outside of municipal boundaries.

A. Effective January 22, 1982, the Town of Grand Chute and the Town of Grand Chute Sanitary District No. 1 shall not extend water mains or water laterals, nor make available water services, to parcels of real estate which are not within the municipal boundaries of either the Town of Grand Chute or the Town of Grand Chute Sanitary District No. 1.

B. This section is adopted by the Town of Grand Chute and the Town of Grand Chute Sanitary District No. 1 pursuant to and under the authority of § 66.0813, Wis. Stats., as amended.

C. The Town of Grand Chute has attempted without success to negotiate with the City of Appleton a statement of policy and procedure whereby the Town of Grand Chute and/or the Town of Grand Chute Sanitary District No. 1 and the City of Appleton would provide water service to real estate parcels adjacent to but not within their respective municipal boundaries, where the parcel is not a part of the community that has water mains available for service to the parcel, and further to provide for the collection by the servicing community, from the parcel not within the servicing community's municipal boundaries, for the regular water service patron charges. Until such time as a reciprocal and mutual statement of policy and procedure is agreed in writing between the Town of Grand Chute and the Town of Grand Chute Sanitary District No. 1 and the City of Appleton, this section prohibiting water main extensions or water main laterals to service parcels which are not within the municipal boundaries of the Town of Grand Chute or the Town of Grand Chute Sanitary District No. 1 shall remain in full force and effect.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 523-47 Reimbursement for attachment costs.

Each person, firm, corporation, or other entity petitioning the Town of Grand Chute Sanitary District No. 1 for attachment of properties to the Town of Grand Chute Sanitary District No. 1 shall, prior to the date that the Town of Grand Chute adopts the required order for attachment, be required to prepay an amount as prescribed in the Fee Schedule to reimburse the Town of Grand Chute Sanitary District No. 1 for required publication costs and attorney fees. In those cases where the real estate, as petitioned, will be attached to both Town of Grand Chute Sanitary District No. 1 for water services and Town of Grand Chute Sanitary District No. 2 for sewer services and the real estate has the exact similar description and scale map, the total reimbursement fee to be paid to the two Sanitary Districts shall be as prescribed in the Fee Schedule.

§ 523-48 Well abandonment.

A. Purpose. The purpose of this section is to prevent contamination of groundwater and to protect public health, safety and welfare by assuring that unused, unsafe or noncomplying wells, or wells which may serve as conduits for contamination, or wells which may be illegally cross-connected to the municipal water system, are properly abandoned.

B. Applicability. This section applies to all wells located on premises served by the Town of Grand Chute Sanitary District No. 1 municipal system.

C. Definitions. As used in this section, the following terms shall have the meanings indicated:

MUNICIPAL WATER SYSTEM

A system for the provision to the public of piped water for human consumption, when such system has at least 15 service connections or regularly serves at least 25 year-round residents, owned and operated by a city, village, county, town, town sanitary district, utility district or public institution or a privately owned water utility serving any of the above.[1]

NONCOMPLYING

A well or pump installation which does not comply with the provisions of Ch. NR 812, Wis. Adm. Code, in effect at the time the well was constructed, a contamination source was installed, the pump was installed or work was done on either the well or pump installation.

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 and caps.

UNSAFE

A well or pump installation which produces water which is bacteriologically contaminated or contaminated with substances in exceedance of the standards of Ch. NR 809 or NR 812, Wis. Adm. Code, or for which a health advisory has been issued by the Wisconsin Department of Natural Resources.

UNUSED

A well or pump installation which is not in use 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 Ch. NR 812, Wis. Adm. Code.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. Abandonment required. All wells located on premises served by the municipal water system shall be abandoned in accordance with the terms of this section and Ch. NR 812, Wis. Adm. 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 Town of Grand Chute Sanitary District No. 1.

E. Well operation permit. The Town of Grand Chute Sanitary District No. 1 may grant a permit to a private well owner to operate a well for a period not to exceed five years, provided that the conditions of this subsection are met. An owner may request renewal of a well operation permit by submitting information verifying that the conditions of this subsection are met. The Town of Grand Chute Sanitary District No. 1, 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 Town of Grand Chute Sanitary District No. 1. The following conditions must be met for issuance or renewal of a well operation permit:

(1) The well and pump installation meet or are upgraded to meet the requirements of Ch. NR 812, Wis. Adm. Code;

(2) The well construction and pump installation have a history of producing bacteriologically 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 Wisconsin Department of Natural Resources approves, in writing, the continued use of the well;

(3) There are no cross-connections between the well and pump installation in the municipal water system; and

(4) The proposed use of the well and pump installation can be justified as being necessary 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. Adm. Code. All debris, pump, 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 Town of Grand Chute Sanitary District No. 1 at least 48 hours prior to the commencement of any well abandonment activities. The abandonment of the well shall be observed by agents and/or employees of the Town of Grand Chute Sanitary District No. 1.

(3) An abandonment report form, supplied by the Wisconsin Department of Natural Resources, shall be submitted by the well owner to the Town of Grand Chute Sanitary District No. 1 and to the Wisconsin Department Natural Resources within 10 days of the completion of the well abandonment.

G. Penalties. Any well owner violating any provision of this section shall, upon conviction, be punished by forfeiture as prescribed in the Uniform Forfeiture and Bond Schedules and the costs of prosecution, including attorney fees. Each day a violation exists constitutes a separate offense. If any person fails to comply with this section for more than 10 days after receiving written notice of the violation, the municipality may impose a penalty and cause the well abandonment to be performed and the expense to be assessed as a special tax against the property.