[HISTORY: Adopted by the Town Board of the
Town of Fulton 12-27-1996 as Ch. 20 of the 1996 Code. Amendments noted where applicable.]
The rules, rates and regulations of the Utility
shall be those adopted by the Town Board and approved and on file
with the Public Service Commission of Wisconsin. All persons now receiving
a water supply from the 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.
As used in this chapter, the following terms
shall have the meanings indicated:
The Town of Fulton Water Utility Board of Commissioners.
The Public Service Commission of the State of Wisconsin.
The owner or occupant of premises to which water service
is to be furnished. The customer at all times means that property
owner or occupant at the time a contribution is to be made or refund
becomes available.
Any aggregation of space or area occupied for a distinct
purpose such as a residence, apartment, flat, store, office, or factory,
which is equipped with one or more fixtures for rendering water service
separate and distinct from other users. Each unit of service shall
be regarded as one customer and the surcharge for additional customers
on a meter assessed accordingly.
The Town of Fulton Water Utility.
B.
Service application. Application for the original
installation of a supply from the Town water main, or for any extension
or alteration of any existing supply from the curve line, or within
the street property line, shall be filed with the Town Clerk/Treasurer
by the owner of the property or his/her authorized agent for the approval
of the Board of Commissioners prior to the performance of any such
work. The signing of the application card or permit by the owner or
his agent shall constitute a contract for water supplied and its specific
use, which contract embodies these regulations by reference. If a
master plumber or owner makes such application, he shall provide the
name of the property owner and the plumber, the legal description
of the property, the street location, the officially designated building
number, the exact use of the service and meter desired, size and character
of the supply pipe, and fixtures or appliances to be supplied.
C.
Conditions of service. Refer to PSCW Order No. 2157
WR 100, Schedule X-1.
D.
Withholding approval of application. The Board of
Commissioners is empowered to withhold approval of any application
for which a full disclosure of information regarding the purpose of
such supply is not clearly indicated and fully set forth by the applicant
property owner.
A.
New residential service. The Utility will not require
a cash deposit or other guarantee as a condition of new residential
service unless the customer has an outstanding 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.
B.
Existing residential service. The Utility shall not
require a cash deposit or other guarantee as a condition of continued
service unless either or both of the following circumstances apply:
(1)
The Utility has shut off or discontinued the service
of the customer within the last twelve-month period for a violation
of the Utility's filed rules for nonpayment of a delinquent service
account not currently in dispute.
(2)
Subsequent credit information indicated that the initial
application for service was falsified or incomplete to the extent
that a deposit would be required under this section.
C.
Conditions of deposit. The maximum deposit for a new
or existing residential account shall not exceed the estimated gross
bills for all water service, both billed and unbilled, which can be
supplied before the Utility's filed disconnect rule becomes applicable.
The amount to be deposited may be a minimum of $1 per month.
D.
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 make
a deposit, or for failure to pay a delinquent bill, or 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.
E.
Interest. Deposits shall bear interest at the legal
rate, payable from the date of refund or discontinuance of service,
whichever is earlier.
G.
Refund. Any deposit or portion thereof refunded to a customer shall be refunded by check unless both the customer and the Utility agree to a credit on the regular billing or unless Subsection H applies.
H.
Accrued interest. Upon termination of service, the
deposit, with accrued interest, shall be credited to the final bill
and the balance shall be returned promptly to the customer.
I.
Guarantee. The Utility shall not require any customer
to pay a deposit or establish a guarantee in lieu of deposit without
explaining, in writing if requested, why that deposit is being required.
J.
Service refusal. Service may be disconnected or refused
for failure to pay a deposit request subject to the rules pertaining
to disconnection and refusal of service.
K.
Guarantee terms and conditions.
(1)
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 cash deposit requirement
is guaranteed. The term of such contract shall be no longer than two
years, but shall automatically terminate after the customer has closed
his account with the Utility, or, at the guarantor's request, upon
30 days' written notice to the Utility.
(2)
Upon termination of a guarantee contract or whenever
the Utility deems the same insufficient as to the amount of surety,
a cash deposit or a new or additional guarantee may be required upon
reasonable written notice to the customer. The service of any customer
who fails to comply with these requirements may be disconnected upon
eight days' written notice.
(3)
The Utility shall mail the guarantor copies of all
disconnect notices sent to the customer whose account he has guaranteed
unless the guarantor waives such notice in writing.
L.
Deferred payment. 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 defined in § 418-11 for the outstanding account.
M.
Bill on tax roll. In the event the Utility is not
able to collect a bill for water service, the bill may be placed on
the real estate tax roll as provided in § 66.069, Wis. Stats.[1]
[1]
Editor's Note: Section 66.069, Wis. Stats.,
was renumbered in part and repealed in part by 1999 Act 150, §§
184 to 189, effective 1-1-2001. See now § 66.0809, Wis. Stats.
Readings of all meters used for determining
charges to customers shall be taken by the Utility quarterly or for
such other period or in such other manner as may be authorized by
the Commission. An effort shall be made to read meters on corresponding
days of each meter-reading period. The meter reading date may be advanced
or postponed not more than 10 days without adjustment of the billing
period. Bills for service shall be rendered within 50 days from the
reading of the meter except as may be otherwise specifically authorized
by the Commission.
A.
Each bill, including the customer's receipt, shall
show the present and last preceding meter readings, the date of the
present reading, the number of units consumed, and the rate schedule
under which the bill is computed. In lieu of including the rate schedule
on the bill, the Utility may, whenever a rate change becomes effective
and at least twice a year, supply each customer with the schedule
of rates at which the bills are computed and any other rates that
might be applicable. Bills rendered at rates requiring the measurement
of a number of different factors shall show all data necessary for
the customer to check the computation of the bill. Minimum and established
bills shall be distinctly marked as such.
B.
If the Utility is authorized to make late payment
charges, such charges shall comply with the following requirements:
(1)
The bill shall clearly indicate the amount of the
late payment charge and the date after which the late payment charge
shall be applied.
(2)
Late payment charges shall be applied no sooner than
20 days after the date of issuance of the bill.
(3)
The amount of the late payment charge shall be 1.5%
of the bill, except a minimum charge of $2 shall apply.
(4)
Late payment charges shall be applied to all customer
classes and rate classifications.
(5)
The Utility shall not waive any properly applied late
payment charges.
(6)
A late payment charge shall be applied only once to
any given amount outstanding.
C.
If the Utility reads the meters at the end of each
billing period, the Utility may leave the meter reading forms when
access to meters cannot be gained. If requested by the customer, the
Utility shall provide such forms. If no form is left or the form is
not returned in time for the billing operation, a minimum or estimated
bill may be rendered. In cases of emergency, the Utility may render
minimum or estimate (average) bills without reading meters or supplying
meter reading forms to customers. Only in unusual cases, or when approval
is obtained from the customer, shall more than two consecutive estimated
bills be rendered where the billing period is quarterly.
D.
If an estimated bill appears to be abnormal when a
subsequent reading is obtained, the bill for the entire period shall
be computed at a rate which contemplates the use of service during
the entire period and the estimated bill shall be deducted. If there
is reasonable evidence that the use occurred during only one billing
period, the bill shall be so computed.
(1)
Credits due a customer because of meter inaccuracies,
or error in billing, shall be separated from the regular bill and
the charges explained in detail. Subsequent to the first billing,
the amount may be shown as a separate item on the regular bills.
(2)
The original billings rendered because of meter inaccuracy,
or error in billing, shall be separated from the regular bill and
the charges explained in detail. Subsequent to the first billing,
the amount may be shown as a separate item on the regular bills.
E.
If the meter is damaged, 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.
A.
Whenever a positive displacement meter is found upon
test to have an average percent registration of more than 102 and
whenever a compound of current type meter is found upon test to have
an average percent registration of more than 103, a recalculation
of bills for service shall be made for the period of inaccuracy, assuming
an inaccuracy equal to the average percent error in excess of 100.
B.
For the purposes of this rule, the average percent
registration shall be the average percent registration for those normal
test points which are within the normal test flow limits of the meter,
except that the test points within the "change over" range for compound
meters shall be ignored. (For positive displacement meters, the light
flow test point would not be considered.)
C.
If the period of inaccuracy cannot be determined,
it shall be assumed that the full amount of inaccuracy existed during
the last half of the period since the meter was installed or last
tested; however, the period of accuracy shall not exceed 1/2 the required
test period.
D.
If the recalculated bills indicate that more than
$1 is due an existing customer or $2 is due a person no longer a customer
of the Utility, the full amount of the calculated difference between
the amount paid and the recalculated amount shall be refunded to the
customer. The refund to an existing customer may be in cash or as
a credit on a bill. If a refund is due a person no longer a customer
of the Utility, a notice shall be mailed to the last known address
and the Utility shall, upon request made within three months thereafter,
refund the amount due.
E.
Where a meter in service is found not to register
or is found to have an average percent registration of less than 97,
the Utility may bill the customer for the amount the test indicated
has been undercharged for the period of inaccuracy, which period shall
not exceed the last six months the meter was in service unless otherwise
authorized by the Commission after investigation. No back bill will
be sanctioned if the customer has called to the Utility's attention
his doubts as to the meter's accuracy and the Utility has failed within
a reasonable time to check it.
F.
Subject to the Utility's rules setting forth the method
for determining a reduced rate herein authorized, if a leak unknown
to the customer is found in an appliance or the plumbing, the Utility
may estimate the water so wasted and bill for it at a reduced rate
not less than the Utility's cost thereof. No such adjustment shall
be made for water supplied after the customer has been notified and
has had an opportunity to correct the condition. If, however, the
customer knew of the leak and failed to give proper attention to it,
the Utility may bill for the total consumption shown by the meter
at regular rates.
G.
Where, because of some deficiency in the Utility's
portion of the facilities and at the request of the Utility, a customer
permits a stream of water and flow to prevent freezing of the service
or main, the Utility shall adjust his bill for the excess consumption
which results.
H.
A classified record shall be kept of the number of
refunds and charges made because of inaccurate meters, misapplication
of rates, and erroneous billing. A summary of the record for the previous
calendar year shall, upon request, be submitted to the Commission
by April 1.
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.
The Utility shall make an accuracy test, without
charge, of any metering installation upon request of the customer
if 24 months or more have elapsed since the last complaint test of
the meter in the same location, and for a charge of $2 per inch of
nominal size or fraction thereof, payable in advance, if fewer than
24 months have elapsed.
A.
Under no circumstances shall the cumulative time before
notice of disconnection be less than 30 days after the date of issuance
of the bill, and an account may be deemed delinquent for the purpose
of disconnection after such period has elapsed.
(1)
At least eight calendar days prior to disconnection,
the Utility shall give a written disconnect notice upon a form which
must be in the tariff of the Utility filed with the Public Service
Commission and which conforms to the requirements of Wisconsin Administrative
Code Section PSC 185.37(9) unless excepted elsewhere.
(2)
When a customer, either directly or through the Public
Service Commission, disputes a disconnection notice, the Utility shall
investigate any disputed issue and shall attempt to resolve that issue
by negotiation. During this investigation and negotiation, the Utility
service shall not be disconnected over this matter.
(3)
If a disputed issue cannot be resolved pursuant to
PSC 185.39(1), Wis. Adm. Code, the Utility shall inform the customer
of the right to contact the Public Service Commission.
B.
Utility service may be disconnected or refused for
any of the following reasons:
(1)
Failure to pay the delinquent account or failure to comply with the terms of a deferred payment agreement (See § 418-11).
(2)
Violation of the Utility's rules and regulations pertaining
to the use of service in a manner which interferes with the service
of others or to the operation of nonstandard equipment, if the customer
has first been notified and provided with reasonable opportunity to
remedy the situation.
(4)
Diversion of service around the meter.
C.
The Utility may disconnect utility service without
notice where a dangerous condition exists for as long as the condition
exists.
D.
Service may be discontinued following a written twenty-four-hour
notice for nonpayment of a bill covering surreptitious use of water
if so provided in the filed tariff of the Utility.
E.
Utility service may not be disconnected or refused
for many of the following reasons:
(1)
Nonpayment of a delinquent account over six months
old where collection efforts have not been made within that period
of time unless the passage of additional time results from other provisions
herein or from good faith negotiations or arrangements made with the
customer.
(2)
Delinquency in payment for service by a previous occupant
of the premises to be services other than a member of the same household
residing at the same premises.
(3)
Failure to pay for merchandise or charges for nonutility
service billed by the Utility.
(4)
Failure to pay for a different type or class of utility
thereof.
(5)
Failure to pay the account of another customer as
guarantor thereof.
(6)
Failure to pay charges arising from any underbilling
occurring more than one year prior to the current billing and due
to any misapplication of rates.
(7)
Failure to pay charges arising from any underbilling
occurring more than one year prior to the current billing and due
to faulty metering.
(8)
Failure to pay an estimated bill other than a bill
rendered pursuant to an approved bimonthly meter reading plan unless
the customer upon request refuses to permit the reading of the meter
during the normal business hours.
F.
The Utility shall not disconnect any residential service
without notifying the Rock County Department of Health and Social
Services at least five calendar days prior to the scheduled disconnection,
if the customer or responsible person has made a written request for
this procedure to the Utility. The customer shall be appraised of
this right upon application for service.
G.
Notwithstanding any other provision of this section, the Utility may not disconnect service to a residential customer if disconnection will aggravate an existent medical emergency of the customer, a member of his family or other permanent resident of the premises where service is rendered and if the customer conforms to the procedures described in Subsection G(1) below.
(1)
The Utility shall postpone the disconnecting of service
for 21 days to enable the customer to arrange for payment, if the
customer produces a licensed Wisconsin physician's statement or notice
from a public health or social service official which identifies the
medical emergency and specifies the period of time during which disconnection
will aggravate the circumstances. The postponement may be extended
once by renewal of the certificate or notice. No further extension
of time shall be granted except upon a showing by the customer of
the existence of extraordinary circumstances and further that he has
exercised due diligence in meeting the emergency as evidenced in part
by close and continuous communication with the Utility.
(2)
During the period service is continued under the provisions
of this subsection, the customer shall be responsible for the cost
of residential utility service. However, no action to disconnect that
service will be undertaken until expiration of the period of continued
service.
(3)
If there is a dispute concerning an alleged existent medical emergency, either party shall have the right to an informal review by the Public Service Commission staff. Pending a decision after informal review, residential utility service shall be continued, provided that the resident has submitted a statement or notice as set forth in Subsection G(1) of this subsection.
H.
The Utility shall not disconnect service unless written
notice by first class mail is sent to the customer or personally served
at least eight calendar days prior to the first date of the proposed
disconnection. Notice shall be sent to the account name and address,
and to the address where service is provided, if different, if disconnection
is not accomplished on or before the 15th day after the first notice
date, a subsequent notice must be left on the premises not less than
24 hours nor more than 48 hours prior to the disconnection.
I.
The Utility shall make a reasonable effort to have
a personal or telephone contact with the customer prior to disconnection.
J.
Disconnection notice shall be given upon a form approved
by the Commission, and shall contain the following information:
(1)
The name and address of the customer and the address
of the service, if different.
(2)
A statement of the reason(s) for the proposed disconnection
of service and that disconnecting will occur if the account is not
paid, or if arrangement is not made to pay the account under deferred
payment agreement, or if other suitable arrangements are not made,
or if equipment changes are not made. If disconnection of service
is to be made for default on a deferred payment agreement, the notice
shall include an explanation of the acts of the customer which are
considered to constitute default.
(3)
A statement that the customer should communicate immediately
upon receipt of the notice with the Utility's designated office, listing
a telephone number, if he disputes the notice of delinquent account,
if he wishes to negotiate a deferred payment agreement as an alternative
to disconnection, if any resident is seriously ill, or if there are
other extenuating circumstances.
(4)
A statement that residential Utility service will be continued for up to 21 days during serious illness if the account holder submits a statement or notice pursuant to § 418-10G(1).
(5)
A statement that the customer may appeal to the Public
Service Commission staff in the event that the grounds for the proposed
disconnection or the amount of any disagreement remains in dispute
after the customer has pursued the available remedies with the Utility.
K.
Service shall not be disconnected on a day, or on a day immediately preceding a day, when the business offices of the Utility are not available to the public for the purpose of transacting all business matters unless the Utility provides personnel which are readily available to the consumer 24 hours per day to evaluate, negotiate or otherwise consider the customer's objection to the disconnection as provided under § 418-10E and G and proper service personnel are readily available to restore service 24 hours per day.
L.
Notwithstanding any other provision of this chapter,
Utility service may not be refused because of a delinquent account
if the customer or applicant provides, as a condition of future service,
a deposit or guarantee, as governed by § 185.36, Wis. Stats.,
or a voucher agreement.
M.
Notice.
(1)
The form of the disconnection notice to be used shall
read as follows:
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Dear Customer,
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You are hereby notified that your water bill
is delinquent in the amount of (insert amount). You were notified
with a PAST DUE NOTICE on (insert date) of this delinquent amount
and as of today's date, not payment has been received.
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You now have 8 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 8 days allowed to make reasonable time payment
arrangements, we will proceed with the disconnection action.
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To avoid the inconvenience of service interruption
and an additional charge for reconnection, we urge you to pay the
full arrears IMMEDIATELY AT THE TOWN OFFICE.
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If you have entered into a Deferred Payment
Agreement with us and have failed to make the time payments on the
date you agreed to OR failed to pay your current bill by the due date,
your service will be subject to disconnection, unless you pay the
total amount now due within 8 days.
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DISCONNECT DATE: (insert date) AMOUNT OF ARREARS
(insert amount).
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Note: All payments are due at the Town office
by 4:00 p.m. prior to the disconnect date to avoid service interruption!
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If you have reason for delaying this payment,
call us and explain the situation.
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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 the
utility.
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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 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 and 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 period 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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Sincerely,
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Town of Fulton Water Utility
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In the event that Utility is not able to collect
any bill for water service even though Deposit and Guarantee Rules
are on file, the bill may be put upon the tax roll as provided in
Section 66.089, Wisconsin Statutes.
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(2)
If a residential service which has been disconnected
has not been restored to service within 24 hours after the time of
disconnection, the Utility shall inform the Town of Fulton Chief of
Police of the billing name and the service address and that a threat
to health and life might exist to persons occupying the premises.
The Utility is required to offer deferred payment
agreements only to residential accounts.
A.
Every deferred payment arrangement entered into due
to the customer's inability to pay the outstanding bill in full shall
provide that service shall not be discontinued if the customer pays
a reasonable amount of the outstanding bill and agrees to pay a reasonable
portion of the remaining outstanding balance in installments until
the bill is paid.
B.
For purposes of determining reasonableness under these
rules, the parties shall consider:
C.
A deferred payment agreement offered by the Utility
shall state immediately preceding the space provided for the customer's
signature and in boldface print at least two sizes larger than any
other used thereon, that "IF YOU ARE NOT SATISFIED WITH THIS AGREEMENT,
DO NOT SIGN. IF YOU DO SIGN THIS AGREEMENT YOU GIVE UP YOUR RIGHT
TO DISPUTE THE AMOUNT DUE UNDER THE AGREEMENT EXCEPT FOR THE UTILITY'S
FAILURE OR REFUSAL TO FOLLOW THE TERMS OF THIS AGREEMENT."
D.
A deferred payment agreement shall not include a finance
charge.
E.
If an applicant for Utility service has not fulfilled terms of a deferred payment agreement, the Utility shall have the right to disconnect pursuant to disconnection of service rules (§ 418-10), and under such circumstances, it shall not be required to offer subsequent negotiation of a deferred payment agreement prior to disconnection.
F.
Any payments made by a customer in compliance with
a deferred payment agreement or otherwise shall first be considered
made in payment of the previous account balance with any remainder
credited to the current bill.
A.
Whenever the customer disputes the utility's request
for a deposit or other guarantee or advised the Utility's designated
office prior to the disconnection of service that all or any part
of any billing as rendered is in dispute, or that any matter related
to the disconnection or refusal of service is in dispute, the Utility
shall:
B.
After the customer has pursued the available remedies
with the Utility, he may request that the Public Service Commission
staff informally review the dispute issue and recommend terms of settlement.
(1)
A request for informal review may be made in any reasonable
manner, such as by written notice or telephoned request direction
to the Public Service Commission.
(2)
There must be at least five days between the date
the Commission staff mails written notice of terms of settlement after
informal review, and any subsequent disconnection.
C.
Any party to the dispute after informal review may
make a written request for a formal review by the Commission. Such
request must be made within five days of the date the Commission staff
mails written notice of terms of settlement after informal review.
If written confirmation of the staff telephone notice is requested
and mailed, the five-day period begins from the date of that mailing.
(1)
Within 10 days from the time such a request is made,
the Commission shall decide, on the basis of the information it has
received from the staff, whether to hold a hearing on the matter and
shall inform both parties of its decision.
(2)
If the Commission decides to conduct a formal hearing
on the dispute, the customer shall be required to pay 50% of the bill
or deposit in dispute to the Utility or post bond for that amount
on or before the date of hearing. Such payment or bond may be waived
by the Commission for good cause shown. Failure to pay the specified
amount before hearing will constitute waiver by the customer.
(3)
Such a hearing shall conform to the procedures described
in §§ 196.27 to 196.34, Wis. Stats.[1]
[1]
Editor's Note: Section 196.27, Wis. Stats.,
was renumbered as § 196.26(3) by L.1981, C.148, § 11, effective
3-3-1982. Section 196.29, Wis. Stats., was renumbered as § 196.28(2)
and (3), Wis. Stats., by 1983 Acts 53, § 41, effective 11-3-1983.
(4)
Any such hearing shall be held not less than 10 days
following a notice of hearing, and a decision thereon shall be rendered
following the conclusion of the hearing.
D.
Utility service shall not be disconnected or refused
because of any disputed matter while the disputed matter is being
pursued in accordance with the provisions of this section. In no way
does this relieve the customer from the obligation to pay charges
which are not in dispute.
A.
General extension rules.
(1)
The Utility may extend water mains for new customers.
The size and location of the main to be installed shall be determined
by the Town Board.
(2)
The cost of an extension, used in computing the assessment
or the contribution, shall be the total cost of construction, including
legal and engineering fees. However, the cost of the extension shall
be based on the cost of materials for a six-inch main, and the added
costs of arterial for larger mains and appurtenances shall be considered
Utility expense. The cost per lineal foot of main installed shall
be computed by dividing the total cost of construction, as determined
above, by the total length of the extension.
B.
Applications for extension of mains.
(1)
Written application for water main extensions to any
property not fronted by an existing water main shall be filed with
the Town Clerk/Treasurer by the owner of the property desiring the
extension. The applicant shall provide the name of the property owner,
the legal description of the property, the street location, and the
exact nature of the water requirements. Signing of an application
does not constitute a contract for installation of such extension
as requested.
(2)
The Town Board is hereby empowered to withhold consideration
of any application in which full disclosure of information regarding
the purpose of such supply is not clearly and fully set forth by the
applicant.
(3)
The application for extension of mains shall be acted
upon the Town Board. The Town Board shall determine the plan under
which the requested extension is to be installed.
(4)
If the existing water system is inadequate to provide
the requested service, due to lack of capacity of pressure or funding
ability or for any other reason, the application may be rejected.
(5)
Proper bedding and compaction of water mains is required
at all times regardless of soil and weather conditions. The engineer
retained by the Town shall approve plans and specifications for such
projects and shall perform inspections to ensure compliance. Frozen
soil will not be allowed for use as water main bedding material. All
costs to comply with the above are to be borne by the applicant.
C.
Extension plans.
(1)
Water main extension for new customers other than
in platted subdivisions: refer to PSCW Order No. 2157-WR-100, Schedule
X-2.
(2)
Water main extension in platted subdivisions: refer
to PSCW Order No. 2157-WR-100, Schedule X-3.
(3)
Limit of extension. When an extension beyond an existing
extension is require to serve a new customer, the new extension shall
be considered as an entirely new project.
A.
Refusal to grant service. If the existing water system
is inadequate to provide the required service, due to lack of capacity
of pressure or funding ability or for any other reason, the application
may be rejected.
B.
Service connections.
(1)
Service shall be furnished only if:
(a)
Premises have a frontage on a properly platted
street or public strip in which a cast iron or other long-life water
main has been laid, or where the property owner has agreed to and
complied with the provisions of the Utility's filed main and extension
rule, and the water service connection is made between the property
lines, extending to the main; and
(b)
The property owner has installed or agrees to
install a service pipe from the curbline to the point of use which
is laid not less than five feet below the surface of an established
or proposed grade and is laid according to the Utility's specifications.
Couplings shall be of such material as to provide electrical conductivity.
(c)
The premises to be served shall have a functioning
sanitary waste disposal system which is in compliance with all State
and local regulations and all applicable building permits.
(d)
Construction. All water mains shall be constructed
at a depth as specified by the engineer, but in no case shall the
main have less than six feet of cover over the top of the main at
any location. Street grades established and approved by the Town Board
shall be adhered to for water main cover.
[1]
All mains shall be looped to provide circulation
in the distribution system.
[2]
Mains shall be constructed across the entire
frontage of any parcel that received water service.
[3]
All laterals from the main to the point of entrance
to the building foundation of floor shall have a depth of cover of
at least six feet.
[4]
Whenever any lateral located on property between
the city street and the building is found to have less than six feet
of cover, the property owner shall be notified and be given four months
to properly relocated the lateral to a depth to provide six feet of
cover. All costs for lowering shall be borne by the property owner.
[5]
Valves shall be placed on each line coming into
an intersection and also on each side of each hydrant so as to create
a service area of 550 lineal feet of street or less. Each valve shall
have access via a water box or manhole.
[6]
Any hydrants which are installed shall be placed
generally at intersections of streets with spacing not more than 550
feet apart. All hydrants on mains eight inches or larger in size shall
have a valve placed in the hydrant lead.
(e)
Costs.
[Amended 10-9-1997]
[1]
All costs for mains, hydrants, valves, elbows,
tees, crosses and other specials and service laterals shall be the
cost of the petitioner or receiver of water service. The customer
shall do all necessary excavating and backfilling between main and
curb in accordance with Town specifications. When laid in a combined
sewer and water trench, the water service shall be laid on a shelf
of solid ground above and not nearer than 12 inches to the sewer.
Tapping shall be done by the Utility. The Utility shall furnish all
materials for the three-fourths-inch and one-inch street lateral up
to and including the curb stop. For services larger than one inch,
all pipe larger than one inch shall be supplied by the customer.
[2]
The customer shall pay a connection charge and
any applicable capacity charge or other required charge in accordance
with the schedule on file with the Utility.
(2)
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 or land. No division of water
supply service shall be made at the curb for separate supplies for
more than two separate premises having frontage on any street or public
service strip whether owned by the same or different parties. Separation
must be made prior to the existing curb stop, to allow for the installation
of a second curb stop on the separated supply.
C.
Mandatory
connection.
[Added 2-9-2021 by Ord. No. 2021-01]
(1)
Required
connection. To assure preservation of public health and safety, the
owner of any building used for human residential occupancy or recreation
located adjacent to a Utility water main, or in a block through which
a Utility water main extends, is required to connect to the Utility
water main.
(2)
Applicability.
This subsection applies to all new construction prior to occupancy
and to all existing buildings at the time when use of the existing
well providing water service to the building is terminated.
(3)
Exceptions. An owner of an existing building or a property on which a building is to be constructed may apply to the Board of Commissioners for an exception to the requirements of Subsection C(1) of this subsection. The application shall be on a form provided by the Town Clerk/Treasurer. The following conditions must be met for an exception to be granted:
(a)
The proposed well must meet the standards for new water wells described
in §§ NR 812.10 through 812.26, Wis. Adm. Code.
(b)
The well water may not discharge directly to a public sewer utility
unless properly metered and authorized by the sewer utility.
(c)
Connection to the Utility water system must be proven by the applicant
to cause undue hardship.
(d)
Such other factors as may be determined appropriate by the Board
of Commissioners for the purposes of this chapter.
A.
All meters used for measuring the quantity of water
delivered to a customer shall be in good mechanical condition and
shall be adequate in size and design for the type of service measured
and shall be accurate to the standards specified in Ch. PSC 185.65,
Wis. Adm. Code. Cold water meters of the current type shall be used
for metered service only where the actual flow rates fall entirely
within the normal testflow limits of the meter. Flow meters, including
the magnetic and ultrasonic meters, may be used for customer metering
only with specific approval of the Commission.
B.
Meters and remote reading devices shall be owned and
maintained by the Utility and easily accessible for reading.
C.
Metering installations shall be properly sealed.
The water cannot be turned on for a customer
except by a duly authorized employee of the Utility. When a plumber
has completed a job, he or she must leave the water turned off. This
does not prevent the plumber from testing the work.
Refer to PSCW Order No. 2157-WR-100, Schedule
Mpa-1.
A.
In general. The owner or occupant of every premises
receiving water supplies shall apply and maintain suitable means of
protection of the premises supplied, 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 a means for the prevention for the transmission
of water ram or noise of operation of any valve or appliance through
the piping of their 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 connection at the tank. No
stop valve shall be placed between the hot water tank and the relief
valve or on the drain pipe. (See applicable Town 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 of not less than that of the
pipe it serves in 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 ring cock for water drainage and water replenishment
of air.
D.
Check valves. Check valves shall be required on the
water supply line to water heaters and incorporated in such a way
as to prevent backflow to the meter.
A.
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.
B.
If a customer fails to repair a leaking or broken
service pipe from curb to point of metering or point of use within
such time as may appear reasonable to the Utility after notification
has been served on the customer and by the Utility, the water will
be shut off and will not be turned on again until repairs have been
completed by the customer. Furthermore, said customer may be billed
for any water which has not passed through the meter and has been
wasted by leakage or defective pipes and fixtures, as estimated by
the Utility.
The Utility reserves the right to shut off the
water in the mains temporarily, to make repairs, alterations or additions
to the system. When the circumstances will permit of sufficient delay,
the Utility will give notification by a newspaper publication or otherwise
of the discontinuance of the supply. No rebate will be allowed to
customers for such temporary suspension of supply.
A.
Meters will be repaired by the Utility, and the cost
of such repairs caused by ordinary wear and tear will be borne by
the Utility.
B.
Repair of any damage to a meter resulting from the
carelessness of the owner of the premises, owner's agent, or tenant,
or from the negligence of anyone of them to properly secure and protect
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 customer or the owner
of the premises.
A.
Frozen services shall be thawed out by and at the
expense of the Utility except where the customer has been notified
in advance of a corrective measure to follow or where the freezing
is caused by contributory fault or negligence on the part of the customer
such as reduction of the grade or undue exposure of the piping in
the building or on customer's property, or failure to comply with
the Utility specifications and requirements as to depth of service,
lack of sufficient backfill, etc.
B.
Following the freezing of a service, the Utility shall
take such steps and issue such instructions as may be necessary to
prevent the refreezing of the same service. No charge shall be made
for rethawing if the instructions are followed. In case it is necessary
to allow the water to flow to prevent refreezing, the customer must
make provisions for proper disposal of the waste water.
C.
For the period in which the water is allowed to run,
the customer may 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 customer shall be charged
the average bill for other customers of the same class receiving service
under comparable conditions. Also 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 customer's premises.
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 an amber signal light in such manner as will,
so far as possible, insure the safety of the public.
Contractors must ascertain for themselves the
existence and location of all service pipes. Where excavating machines
are used in digging sewers, all water mains shall be maintained at
the expense of the contractor. Where service pipes are removed, cut
or damaged during trench construction, the contractor must, at his
own expense, cause them to replaced or repaired at once. Contractors
must not shut off the water service pipes to any customer for a period
exceeding six hours.
Trenches in unpaved streets shall be refilled
with moist, damp earth, or by means of water tamping. When water tamping
is used, the water shall be turned into the trench after the first
12 inches of backfill have been placed and then the trench shall be
kept flooded until the remainder of the backfill has been put in.
A.
When the Utility has reasonable evidence that a customer
is obtaining his supply of water, in whole or in part, by means or
devices or methods used to stop or interfere with the proper metering
of the Utility service being delivered to his equipment, the Utility
reserves the right to estimate and present immediately a bill for
service unmetered as a result of such interference, and such bills
shall be payable subject to a twenty-four-hour disconnection of service.
When the Utility shall have disconnected the customer for any such
reason, the Utility will reconnect the customer upon the following
conditions:
(1)
The customer will be required to deposit with the
Utility an amount sufficient to guarantee the payment of the customer's
bills for utility service to the Utility.
(2)
The customer will be required to pay the Utility 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 Utility against further losses.
B.
Sections 98.26 and 943.20, Wis. Stats., as related
to water service, are hereby adopted and made a part of these rules.
During reasonable hours, any 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.
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 department by reason of failure to notify the Utility of vacancy.
Ten working days' prior notice to the Town Clerk/Treasurer to disconnect
or reconnect is required.
Refer to PSCW Order No. 2157-WR-100, Schedule
R-1.
No person shall enter a claim for damage against
the Town of Fulton Water Utility, or any officers thereof, for damage
to any pipe, fixture, or appurtenance by reason of interrupted nature
caused by the turning off, or turning on, either wholly or partially,
of the water supply for the extension, alteration, or repair of any
water main or premises' supply, or for the discontinuance of the premises'
water supply for the violation of any rules or regulations of the
Water Utility. No claim shall be allowed against the Town because
of interruption to the water supply caused by the breaking of pipes
or machinery, by stoppage for repairs, or by fire or other emergency,
and no claims shall be allowed for any damage caused by the breakage
of any pipe or machinery.
A.
Employees authorized to enter customers' premises.
The Utility shall keep a record of its employees authorized, pursuant
to § 196.171, Wis. Stats., to enter the customers' premises.
B.
Customers' complaints. The Utility shall investigate
and keep a records of complaints received by it from its customers
in regard to safety, service, or rates, and the operation of its system.
The record shall show the name and address of the complainant, the
date and nature of the complaint, and its disposition and the date
thereof.
C.
Construction records. The Utility shall prepare, or
cause to be prepared, and shall keep on file, permanent and adequate
records in the form of maps or clearly descriptive tabular statements,
or both, showing the size, kind, and location of all its underground
mains and service pipe lines and other construction, and definite
locations of all valves and shutoff cocks. The records shall also
show dates of construction by year and month. The maps may be part
of the continuing property records if they show the size, kind and
location of the facilities and the date of construction by month and
year.
D.
Records and reports of service interruptions. The
Utility shall maintain a record of interruption, showing for each
the date and time it began, the duration, the cause, and the approximate
number of customers affected.
E.
Pumpage records. A permanent record shall be kept
comparing pumpage with metered consumption. Pumpage shall be determined
by the master meter of the system.
F.
Metering equipment records.
(1)
A test record shall be made whenever a unit of metering
equipment is tested but need not be retained after the equipment is
again tested if a complete history record is maintained. The test
record shall identify the unit and its location, date of test, reason
for test, readings before and after tests, a statement of "As Found"
and "As Left" accuracies, a statement of test conditions sufficiently
complete to permit checking the calculations employed, identification
of the testing standard and the person making the test, and the results
of the check or test of any associated remote register device.
(2)
The Utility shall keep a history record for each unit
of metering equipment, showing when the unit was purchased, its cost,
the Utility's identification, associated remote register or other
equipment, essential nameplate data, dates and results of all "As
Found" and "As Left" tests unless separate records are kept of each
test, and locations where installed, with dates of installation and
removal.
(3)
The Utility shall summarize the meter tests made during
each calendar year. When requested, a copy of such summaries shall
be filed with the Commission by April 1 of the following year. The
summary shall be in such detail as may be prescribed by the Commission
from time to time.
G.
Valve and hydrant records. To assure that valves and
hydrants are operable when needed, a schedule shall be adopted and
followed for operating each valve and hydrant once each two years.
A record of such operations shall be kept.
H.
Flushing of mains records. Records shall be kept of
all flushing of mains, showing date, place and estimated volume of
water.
A.
General metered service. Refer to PSCW Order No. 2157-WR-100,
Schedule Mg-1.
B.
Public service. Refer to PSCW Order No. 2157-WR-100,
Schedule Mpa-1.
C.
Seasonal, emergency or temporary service. Refer to
PSCW Order No. 2157-WR-100, Schedule Mgt-1.
D.
Building and construction water service. Refer to
PSCW Order No. 2157-WR-100, Schedule Mz-1.
E.
Water lateral installation charge.
(1)
The initial water service lateral will be installed
from the main through the curb stop and box by the Utility for which
the actual cost will be charged. The projected cost shall be collected
in advance. Refer to PSCW Order No. 2157-WR-100, Schedule Cz-1.
(2)
The water lateral shall be installed by the property
owner consistent with the requirements of this chapter. Such installation
shall be at the expense of the property owner. Refer to PSCW Order
No. 2157-WR-100, Schedule Cz-1.
A.
Applicability. This section applies to all wells on
premises served by the Utility.
B.
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 community water system owned by the Town of Fulton Water
Utility District.
A well or pump installation which does not comply with Section
NR 812.42, Wis. Adm. Code, Standards for Existing Installations, and
which has not been granted a variance pursuant to Section NR 812.43,
Wis. Adm. Code.
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 exceeds the drinking water standards
of Section NR 812.06, Wis. Adm. Code.
A well or pump installation which is not used or does not
have a functional pumping system, other than an artesian well.
An excavation or opening into the ground by digging, boring,
drilling, driving or other methods for the purpose of obtaining groundwater
for consumption or other use.
The proper filling and sealing of a well according to the
provisions of Section NR 812.26, Wis. Adm. Code.
C.
Abandonment required. All wells on premises served by the municipal water system shall be properly abandoned in accordance with Subsection E no later than 90 days after the date of connection to the municipal water system unless a valid well operation permit has been issued to the owner by the Town of Fulton Water Utility District under the terms of Subsection D.
D.
Well operation permit. Owners of wells on premises
served by the municipal water system wishing to retain their wells
for any use shall make application for a well operation permit for
each well no later than 90 days after the connection to the municipal
water system. The Town of Fulton Water Utility District shall grant
a permit to a well owner to operate a well not to exceed five years,
providing all conditions of this section are met. A well operation
permit may be renewed by submitting an application verifying that
the conditions of this section are met. The Town of Fulton Water Utility
District, or its agent, may conduct inspections and water quality
tests or require inspections and water quality tests to be conducted
at the applicant's expense using independent certified contractors
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 Clerk/Treasurer. The following
conditions must be met for issuance or renewal of a well operation
permit:
(1)
The well and pump installation shall meet or be upgraded
to meet the standards for existing installations, described in Section
NR 812.42, Wis. Adm. Code, except as those requirements would be inapplicable
to an artesian well.
(2)
The well and pump shall have a history of producing
safe drinking water, evidenced by at least two coliform bacteria samples
taken a minimum of two weeks apart in areas where the Department of
Natural Resources has determined that groundwater aquifers are contaminated
with substances other than bacteria. Additional chemical test may
be required to evidence safety of the water.
(3)
There shall be no cross-connection between the well's
pump installation or distribution piping and the municipal water system.
(4)
The well water shall not discharge directly to a public
sewer utility unless properly metered and authorized by the sewer
utility.
(5)
The well shall have a functional pumping systems,
except for an artesian well, and the proposed use of the well water
can be justified as reasonable in addition to water provided by the
municipal water system.
E.
Abandonment procedures.
(1)
All wells abandoned under the jurisdiction of this
chapter shall be done according to the procedures and methods of Section
NR 812.26, Wis. Adm. Code. All debris, pumps, piping, unsealed liners
and any other obstructions which may interfere with sealing operations
shall be removed prior to abandonment.
(2)
The owner of the well, or the well's agent, may be
required to obtain a well abandonment permit prior to any well abandonment
and notify the Town Clerk/Treasurer in advance of any well abandonment
activities. The abandonment of the well may be observed or verified
by inspection by the Town of Fulton Water Utility District or its
agent.
(3)
An abandonment report form supplied by the Department
of Natural Resources shall be submitted by the well owner to the Town
Clerk/Treasurer and the Department of Natural Resources within 30
days of the completion of the well abandonment.
F.
Penalties. Any well owner violating a provision of
this section shall, upon conviction, be punished by forfeiture of
not less than $50 nor more than $500 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 30 days after receiving written
notice of the violation, the Town of Fulton 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 of such person.
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 Utility 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 Utility
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 have been approved by the Utility
and by the Wisconsin Department of Natural Resources in accordance
with Section NR 811.25(3), Wis. Adm. Code.
C.
Inspections. It shall be the duty of the 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
Utility and as approved by the Wisconsin Department of Natural Resources.
D.
Right of inspection. Upon presentation of credentials,
the representative of the Town of Fulton Water Utility District shall
have the right to request entry at any reasonable time to examine
any property served by a connection to the public water system of
the Utility for cross-connections. If entry is refused, such representatives
shall obtain a special inspection warrant under § 66.122,
Wis. Stats.[1] 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.
[1]
Editor's Note: Section 66.122, Wis. Stats.,
was renumbered as § 66.0119, Wis. Stats, by 1999 Act 150, §§
287 to 290, effective 1-1-2001.
E.
Discontinuance of water service. The Utility is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this section exists, and to take such other precautionary measures deemed necessary to eliminate any 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 herein. Water service to such property shall not be restored until the cross-connection(s) has been eliminated in compliance with the provisions of this chapter.
F.
Emergency. If it is determined by the Utility that
a cross-connection or an emergency endangers public health, safety
or welfare and requires immediate action, and any written finding
to that effect is filed with the Clerk/Treasurer of the Town of Fulton
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.
Adoption of State Plumbing Code. The Township of Fulton
adopts by reference the State Plumbing Code of Wisconsin, being Ch.
ILHR 82, Wis. Adm. Code.[2]
[2]
Editor's Note: The former Department of Industry,
Labor and Human Relations (ILHR) is now known as the Department of
Commerce. For current state plumbing provisions, see Chs. Comm 81
through 87, Wis. Adm. Code.
H.
This section does not supersede the State Plumbing
Code or any applicable Township of Fulton ordinance, but is supplementary
to them.
No person shall uncover or excavate under or
around any water line for any purpose without a written permit from
the Board of Commissioners.
Any violation of this chapter for which a specific
penalty is not provided shall be subject to the penalties set forth
in the schedule on file in the office of the Town Clerk/Treasurer.
