[Adopted 5-21-2001 by Ord. No. 2001-01 as Title 9, Ch. 1, Art. B of the 2001 Code]
[Added 7-19-2010 by Ord. No. 2010-02]
Current rate schedules are on file at the office
of the City Administrator.
All persons now receiving a water supply from
the City of Weyauwega Water Utility, or who may hereafter make application
therefor, shall be considered as having agreed to be bound by the
rules and regulations as filed with the Public Service Commission
of Wisconsin.
[Added 5-20-2013 by Ord. No. 2013-2]
No person, firm, partnership, corporation, limited liability
company, limited liability partnership, or other entity shall water
or sprinkle or allow the same on a lawn, grass, trees, garden, shrubs,
and other outside plants with water from the City of Weyauwega, except
as provided herein:
A.
Application. This section and the provisions herein shall apply to
all real property, whether residential, commercial, industrial, agricultural,
or institutional, located within the boundaries of the City of Weyauwega.
(1)
Real property assigned even-numbered mailing addresses shall
be permitted to make such use of water on even-numbered calendar days
before 11:00 a.m. and after 6:00 p.m./central daylight time. There
shall be absolutely no such use of water between 11:00 a.m. and 6:00
p.m.
(2)
Real property assigned odd-numbered mailing addresses shall
be permitted to make such use of water on odd-numbered calendar days
before 11:00 a.m. and after 6:00 p.m./central daylight time. There
shall be absolutely no such use of water between 11:00 a.m. and 6:00
p.m.
B.
Exceptions. The following exceptions shall apply.
(1)
Newly seeded and newly sod lawns. Newly seeded and newly sod
lawns may be watered every day for not more than 30 days but only
before 11:00 a.m. and after 6:00 p.m./central daylight time upon the
issuance of a permit issued by the City. Permits may be obtained at
City Hall, 109 East Main Street, Weyauwega, Wisconsin, during normal
business hours. Permits shall be displayed in plain view in the front
window or, if issued for real property without a building, at such
other location so as to be in plain view. There shall be absolutely
no such use of water between 11:00 a.m. and 6:00 p.m.
(2)
Handheld devices and children's water toys. Lawns, trees, shrubs,
and other outside plants may be watered by handheld devices, such
as sprinkling cans, sprayers, hoses (when hand-held), on any day at
any time. Children's water toys may be actively used at any time in
the manner in which they are designed to be use.
(3)
Special cases. The Public Works Committee may grant permits
for water usage outside the restrictions imposed herein in unique
circumstances.
(4)
Emergency. Notwithstanding any other provisions herein, whenever,
in the opinion of the Public Works Committee, a necessity to limit
water exists due to weather conditions, water usage, electrical power
outages, or other cause, the Public Works Committee may, for such
time as the necessity for water use limitation exists, issue orders
and regulations, suspend permits, alter days and hours, impose additional
terms and conditions, and prevent usage of water.
C.
Penalty.
(1)
First offense. Any person who shall violate any of the provisions
of this section shall be issued a written warning.
(2)
Second offense. Any person who shall violate any of the provisions
of this section after receiving a written warning shall, upon conviction
thereof, forfeit not less than $10 nor more than $25, together with
the costs of prosecution.
(3)
Third and subsequent offense. Any person found guilty of violating
any provision of this section who shall previously have been convicted
of a violation of the same section within one year shall, upon conviction
thereof, forfeit not less than $25 nor more than $100 for each such
offense, together with the costs of prosecution.
(4)
Continued violation. Each violation and each day a violation
continues or occurs shall constitute a separate offense. Nothing in
this section shall preclude the City from maintaining any appropriate
action to prevent or remove a violation of any provision of this section.
D.
Other remedies. The City shall have any and all other remedies afforded
by the Wisconsin Statutes in addition to the forfeiture and costs
of prosecution above.
A.
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 desired. (Note particularly any special refrigeration,
fire protection 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 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;
(2)
The property owner has installed or agrees to install
a service pipe from the right-of-way line to the point of use and
laid not less than six feet below the surface of an established or
proposed grade and according to the Utility's specification; and
(3)
The premises has adequate piping beyond the metering
point.
C.
The owner of a multiunit 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 the other
units. Each meter and meter connection will be a separate Water Utility
customer for the purpose of the filed rules and regulations.
D.
No division of the water service of any lot or parcel
of land shall be made for the extension and independent meterage of
the supply to an adjoining lot or parcel of land. No division of a
water supply service shall be made at the curb for separate supplies
therefrom for two or more separate premises having frontage on any
street or public service strip, whether owned by the same or different
parties.
E.
The Utility 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.
A.
The minimum service contract period shall be one year
unless otherwise specified by special contract or in the applicable
rate schedule. Where the Utility service has been disconnected at
the customer's request prior to expiration of his/her 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.
B.
A reconnection charge shall also be required from
consumers whose services are disconnected (shut off at curb stop)
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.)
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
partner or employee of the same business.
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.
A.
When water is requested for construction purposes
or for filling tanks or other such uses, an application therefor shall
be made to the Utility, in writing, upon application provided for
that purpose in the Utility's office, giving a statement of the amount
of construction work to be done or the size of the tank to be filled,
etc. Payment for the water for construction shall be made in advance
at the scheduled rates. The service pipe must be installed inside
the building 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.
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 Utility, together with a statement
of the actual amount of construction work performed.
A.
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.
B.
Before a valve is set, payment must be made for its
setting and for the water to be used at the scheduled rates. Upon
completing use of the hydrant, the customer must notify the Utility
to that effect.
C.
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 a swing joint
to facilitate quick disconnection from the fire hydrant.
Any person who shall, without authority of the
Utility, allow contractors, masons, or other unauthorized persons
to take water from his 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 ordinances. Permits for the use of
hydrants apply only to such hydrants as are designated for the specific
use.
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 water, the payment of all charges
levied against the depositor, and the return of the wheel and reducer.
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 Utility. 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.
B.
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.
C.
All water supplies shall be of undiminished size from
the street main in to the point of meter placement. 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.
[Added 1-18-2021 by Ord.
No. 2020-9]
A.
Maintenance responsibility generally. Each property owner shall maintain
the service line from the curb stop to the point of metering or use.
If an owner fails to repair a leaking or broken service pipe within
such time as may appear reasonable to the water utility after notification
has been served on the owner by the Supervisor of Public Works, the
water shall be shut off and not turned on again until the repairs
have been completed. For purposes of compliance with this section,
the operator/licensee of a mobile home community is the owner of all
lots within that community.
B.
Intent and purpose. The water utility of the City finds that it is
in the public interest to establish a comprehensive program for the
removal and replacement of lead pipe water service lines in use within
both the City utility's water system and in private systems and,
to that end, declares the purpose of this section to be as follows:
(1)
To ensure that the water quality at every tap of utility customers
meets the water quality standards specified under the federal law;
(2)
To reduce the lead in City drinking water to meet the Environmental
Protection Agency (EPA) standards and ideally to a lead contaminant
level of zero in City drinking water for the health of City residents;
(3)
To eliminate the constriction of water flow caused by mineral-rich
water flowing through lead water service pipes and the consequent
buildup of mineral deposits inside lead pipes;
(4)
To meet the Wisconsin Department of Natural Resources (WDNR)
requirements for local compliance with the Lead and Copper Rule (See
56 CFR 6460, 40 CFR 141.80 through 141.90 and §§ NR
809.541 through 809.55, Wis. Adm. Code.).
C.
Replacement requirement. The privately owned portion of a lead water
service line shall be replaced at the owner's expense as determined
by the City water utility whenever any of the following occurs:
D.
Water system reconstruction.
(1)
Inspection required. The Public Works Supervisor or his/her
designee shall inspect all private connections to the public water
mains within a project area at the time that the utility system is
to be reconstructed.
(a)
Lead piping is declared to be no longer an approved material
for water supply laterals pursuant to this section.
(b)
Prior to the actual reconstruction of the water main and lateral
system, each property owner shall be given written notice of the project.
Such notice shall be made not less than 30 days prior to commencement
of the actual work.
(c)
As the reconstruction progresses, the Public Works Supervisor
or his/her designee shall inspect each private water lateral connection
for the presence of lead or, in the event inspection had been made
previously, determine the condition of the private water connection
from inspection records.
(d)
In the event that the private water lateral does not contain
lead, the City shall reconnect the same to the utility system at an
appropriate point near the right-of-way line.
(e)
In the event that the private water lateral is found to contain
lead, the Public Works Supervisor or his/her designee shall immediately
notify the owner, in writing, of that fact.
(2)
Owner to replace lead service. The owner shall, at the owner's
expense, replace the lead service. In all cases, the City shall supply
an appropriate connection point as part of its work. The owner may
elect to:
(a)
Contract with licensed contractor to complete the replacement. All work needed to accomplish the replacement shall be done at the expense of the owner. Within 30 days of the giving notice of deficiency under Subsection D(1)(e) of this section, proof of arrangements for replacement shall be provided to the Public Works Supervisor or his/her designee, and within 30 days of the giving notice, the replacements shall be completed.
(b)
Have the City contractors, if available, complete the replacement.
[1]
The City may, as part of any project, request unit
bid prices for the calculation of the cost of making appropriate replacement
to the private building water laterals.
[2]
If available, and should the owner select this
option, the owner will be charged the entire cost of making the replacement
incurred by the City.
[3]
The City may, upon approval of the project, offer
financing to the private lateral owner to have the replacement of
deemed deficient private lateral as part of the City-contracted reconstruction
project.
A.
Where the original service piping is installed for
a new metered customer, where existing service piping is changed for
the customer's convenience, or where a new meter is installed for
an existing unmetered customer, the owner of the premises at his/her
expense shall provide a suitable location and the proper connections
for the meter. The Water Utility 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, an IPS code-type
gate valve or ball value must be installed followed by the meter horn
or meter couplings and a six-inch brass nipple (for meter horns),
followed by an IPS code gate or ball valve. The nipple attached to
the union and coupling shall be cut to a standard length provided
by the plans of the Utility (the Utility 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.[1]
B.
No permit will be given to change from metered to
flat-rate service.
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/she must leave the water turned off. This
does not prevent the plumber from testing the work.
A.
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 three consecutive
estimated bills be rendered where bills are rendered monthly, and
there shall be not more than two consecutive estimated bills where
the billing period is two months or more.
B.
If the meter is damaged (see § 460-30, 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.
See Ch. PSC 185, Wis. Adm. Code.
See Ch. PSC 185, Wis. Adm. Code.
The customer shall protect the curb stop box
in the terrace and shall keep the same free from dirt and other obstructions.
The Utility shall not be liable for failure to locate the curb stop
box and shut off the water in case of a leak on the owner's premises.
Meters will be furnished and placed by the Utility
and are not to be disconnected or tampered with by the consumer. 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. All piping
within the building must be supplied by the consumer. Where additional
meters are desired by the consumer, he/she shall pay for all piping
and an additional amount sufficient to cover the cost of maintenance
and depreciation.
B.
Repair of any damage to a meter resulting from the
carelessness of the owner of the premises, his/her 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.
A.
Where the property owner requests that a larger service
lateral be installed to replace an existing smaller diameter pipe,
an allowance of $15 will be made as a deduction in the cost, provided
that the new service is to be installed in the same ditch as the existing
service pipe.
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 Utility. The property owner shall maintain
the service pipe from the curb stop to the point of use.
C.
If an owner 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 after notification has been served
on the consumer by the Utility, the water will be shut off and will
not be turned on again until the repairs have been completed.
See Ch. PSC 185, Wis. Adm. Code.
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.
See Ch. PSC 185, Wis. Adm. Code.
See Ch. PSC 185, Wis. Adm. Code.
See Ch. PSC 185, Wis. Adm. Code.
See Ch. PSC 185, Wis. Adm. Code.
A.
Disconnection and refusal of service. See Ch. PSC
185, Wis. Adm. Code.
B.
Form. The form of disconnection notice to be used
is as follows:
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Disconnection Notice
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Dear Customer:
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The bill enclosed with this notice includes
your current charge for utility service and your previous unpaid balance.
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You have eight days to pay the utility service
arrears or your service is subject to disconnection.
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If you fail to pay the service arrears or fail
to contact us within the eight days allowed to make reasonable time
payment arrangements, we will proceed with disconnection action.
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To avoid the inconvenience of service interruption
and an additional charge of (amount) reconnection, we urge you to
pay the full arrears immediately at one of our offices.
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If you have entered into a deferred payment
agreement with us and have failed to make the time payment you agreed
to, your service will be subject to disconnection unless you pay the
amount due within eight days.
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If you have a reason for delaying the payment,
call us and explain the situation. Please call this telephone number,
(appropriate telephone number), immediately if:
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1.
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You have a question about your utility service
arrears.
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2.
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You are unable to pay the full amount of the
bill and are willing to enter into a time payment agreement with us.
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3.
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There are any circumstances you think should
be taken into consideration before service is discontinued.
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4.
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Any resident is seriously ill.
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Illness Provision
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If there is an existing medical emergency in
your home and you furnish the Utility with a statement signed by either
a licensed Wisconsin physician or a public health official, we will
delay disconnection of service up to 21 days. The statement must identify
the medical emergency and specify the period of time during which
disconnection will aggravate the existing emergency.
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Deferred Payment Agreements
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If, for some reason, you are unable to pay the
full amount of the utility service arrears on your bill, you may contact
the Utility to discuss arrangements to pay the arrears over an extended
period of time.
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This time payment agreement will require:
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1.
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Payment of a reasonable amount at the time the
agreement is made.
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2.
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Payment of the remainder of the outstanding
balance in monthly installments over a reasonable length of time.
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3.
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Payment of all future utility service bills
in full by the due date.
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In any situation where you are unable to resolve
billing disputes or disputes about the grounds for proposed disconnection
through contacts with our Utility, you may make an appeal to the Wisconsin
Public Service Commission, Madison, Wisconsin.
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(Utility Name)
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An amount owed by the customer may be levied
as a tax as provided in § 66.0809, Wis. Stats.
A.
When the Utility has reasonable evidence that a consumer
is obtaining his/her 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/her 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.
When the Utility shall have disconnected the consumer for any such
reason, the Utility will reconnect the consumer upon the following
conditions:
(1)
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.
(2)
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.
(3)
The consumer must further agree to comply with reasonable
requirements to protect the Utility 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.
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.
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 Utility will give notification, by newspaper publication
or otherwise, of the discontinuance of the supply. No rebate will
be allowed to consumers for such temporary suspension of supply.
It shall be the duty of the Utility 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.
Contractors must ascertain for themselves the
existence and location of all water mains and service pipes. When
removed, cut or damaged during trench construction, contractors must,
at their own expense, cause them to be replaced or repaired at once.
Contractors must not shut off the water service pipes to any consumer
for a period exceeding six hours.
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 ram 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
tank or on the hot-water distributing pipe connection at the tank.
No stop valve shall be placed between the hot-water tank and the relief
valve or on the drainpipe. (See applicable City plumbing codes.)
C.
Air chambers. An air chamber or approved shock absorber
shall be installed at the terminus of each riser, fixture branch,
or hydraulic elevator main for the prevention of undue water hammer.
The air chamber shall have a diameter not less than that of the pipe
it serves and a length not less than 15 diameters of said supply pipe.
Where possible, the air chamber should be provided at its base with
a valve and rain cock for water drainage and replenishment of air.
A.
Definition. A cross-connection shall be defined as
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.
Cross-connections prohibited. No person, firm or corporation
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 said 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
Utility and by the Wisconsin Department of Natural Resources in accordance
with § NR 811.09, Wis. Adm. Code.
C.
Inspections. It shall be the duty of the Water Utility
to 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.
D.
Right to inspect. Upon presentation of credentials,
the representative of the 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.
E.
Discontinuation of service. The 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 F. Water service to such property shall not be restored until the cross-connection(s) has been eliminated in compliance with the provisions of this section.
F.
Immediate discontinuation. If it is determined by the 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 Administrator 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.
G.
State code adopted. The City adopts by reference the
State Plumbing Code of Wisconsin, being Chs. Comm 81 to 87, Wis. Adm.
Code.
H.
Section not to supersede other ordinances. This section
does not supersede the State Plumbing Code and any City plumbing ordinances
but it supplementary to them.
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 City of Weyauwega municipal water system.
C.
MUNICIPAL WATER SYSTEM
NONCOMPLYING
PUMP INSTALLATION
UNSAFE
UNUSED
WELL
WELL ABANDONMENT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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 or 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]
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.
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.
A well or pump installation which produces water which is
bacteriologically contaminated or contaminated with substances in
exceedance of the standards of Ch. NR 109 or 140, Wis. Adm. Code,
or for which a health advisory has been issued by the Department of
Natural Resources.
A well or pump installation which is not in use or does not
have a functional pumping system.
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.
The filling and sealing of a well according to the provisions
of Ch. NR 812, Wis. Adm. Code.
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, by
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 Council.[2]
E.
Well operation permit. The City Council 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 section
are met. An owner may request renewal of a well operation permit by
submitting information verifying that the conditions of this section
are met. The City Council or its agent 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 Administrator. 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 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 and the municipal water system.
(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
method 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 City of Weyauwega 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 City of Weyauwega
Water Utility.
(3)
An abandonment report form, supplied by the Department
of Natural Resources, shall be submitted by the well owner to the
City of Weyauwega Water Utility and the Department of 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 pursuant to § 1-3 and the cost of prosecution. Each day of violation is 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.
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 City against the abutting property,
the procedure set forth under §§ 66.0701 and 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, the 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.
A.
Application for installation of water mains in regularly
platted real estate development subdivisions shall be filed with the
City Administrator and shall set forth the following information:
(1)
Name of subdivision.
(2)
Legal description.
(3)
Map showing streets, lots and sizes of proposed mains
and hydrants and street laterals.
(4)
Date of approval of subdivision plan by the Wisconsin
Department of Natural Resources.
(5)
Date of approval of proposed mains by the Wisconsin
Department of Natural Resources.
(6)
Number of houses presently under construction.
B.
Upon receipt of the application, the Water Utility
will prepare detailed estimates of the cost of extending water mains
and hydrants of the size deemed necessary in the subdivision and submit
the same to the municipal governing body for approval of the extension
as it pertains to public fire-protection service requirements.
C.
The applicant for water service to be supplied to
a subdivision shall be required to advance to the Utility, prior to
the beginning of the construction, the total estimated cost of the
extension. If the final costs exceed estimated costs, an additional
billing will be made for the balance of the cost due. This balance
is to be paid within 30 days. If final costs are less than estimated,
a refund of overpayment will be made by the Water Utility.
D.
If the developer, or a contractor employed by the
developer, is to install the water mains (with approval of the Utility),
the developer shall be responsible for the total cost of construction.
