[Adopted 10-3-1988 as Title 9, Ch. 2, of the 1988 Code]
A.
When extensions, additions and improvements in the Utility system
are contemplated by the Village Board, the Board, before acting upon
the same, shall first refer said proposal to the Water Commission,
and the Water Commission shall promptly consider the same and report
to the Village Board at its next regular meeting its recommendations
as to whether the project should be carried through and, if carried
through, the manner and materials in and with which it shall be done.
The Village Board is not bound, however, by the recommendations of
the Water Commission and may, if it deems fit, disregard the same
in whole or in part.
B.
When extensions, additions and improvements in the Utility system
are contemplated by private developers within the Village or in anticipation
of annexation, the Water Commission shall review engineering plans
and specifications for the proposed work and promptly report to the
Village Board its recommendations as to whether the project should
be carried through and, if carried through, the manner and materials
in and with which it shall be done.
C.
All contemplated changes in rates must be submitted to and approved
by the Village Board before they are submitted to the Public Service
Commission or any other regulatory body.
A.
The Water Commission shall report annually the amount of cash on
hand, the amount of its receipts, the amount of its disbursements,
the sum total of the delinquent bills and the names and addresses
of the debtors, with the amounts owed by each. Such reports shall
be prepared in duplicate and one copy shall be filed with the Village
Administrator of the Village.
B.
Annually the Commissioners shall make a full and complete report
to the Board of Trustees of the Village, narrating all their activities,
expenditures, receipts and delinquent bills for the previous year,
and the Commissioners shall, at the first meeting of the Village Board
in December, pay to the Village Administrator the interest and taxes
on the Village's investment in the Utility. The consumption of the
amount due shall be made by the Village Auditor on the same basis
as used in the past.
The Village Engineer and Village Attorney shall be the engineer
and legal advisor, respectively, of the Water Commission. The Commission
shall pay all legal or engineering expenses incurred by it from its
own funds.
Checks drawn by the Water Commission for the payment of its
various expenditures shall be of a distinctive color, signed by the
President of the Village or the Acting President in the absence of
the President, and countersigned by the Village Administrator.
No person shall, without the written authority of the Commission,
operate any valve connected with the street or supply main, or break
or tamper with any seal of a water meter in service, or open any fire
hydrant connected with the distribution system, whether said hydrant
is the property of the Village or has been placed by an owner for
his/her own protection, except for purposes of extinguishing a fire.
No person shall willfully or wantonly injure, destroy or impair any
part of the waterworks property or service.
No person shall tap or make any connection with any water main
without a written permit therefor issued by the Commission. No person
shall use water obtained by an unauthorized connection or tap. In
addition to the penalty provided therefor, any such unlawful user
of water shall be liable to the Village for all water estimated by
the Commission to have been consumed or to have passed through such
unauthorized connection from the date when the same was made until
the date the same shall be disconnected.
Where a leak develops in the water pipe between the curb box
and the meter, the Water Commission shall serve a written demand upon
the property owner to repair the same within 36 hours and, in the
event of the failure of the owner to make such repairs, water service
to such property shall be disconnected.
Authorized employees of the Water Utility shall have free access
to any premises supplied with water at all reasonable and proper times
to inspect and ascertain the condition of the meters and fixtures
or for reading meters, and no owner or occupant shall refuse such
employees such access. The Commission may authorize any employee to
enter any premises and remove the meter for the purpose of examination
and testing after first notifying the owner or occupant and, on failure
of any owner or occupant to permit such access, service shall be discontinued
immediately.
A.
When required. Whenever a sewer or water main becomes available to
any building used for human habitation, the County Health Officer
or his/her designee shall notify the owner or his/her agent, in writing,
in the manner prescribed by the Wisconsin Statutes or by registered
mail addressed to the last-known address of the owner or his/her agent.[1]
B.
Contents of notice. The notice required by this section shall direct
the owner or his/her agent to connect the building to such main or
mains in the manner prescribed by the Health Officer and to install
such facilities and fixtures as may be reasonably necessary to permit
passage of sewage incidental to such human habitation into the sewerage
system and to furnish an adequate supply of pure water for drinking
and prevent creation of a health nuisance.
C.
The Health Officer may cause connection at the expense of owner.
If the owner or his/her agent fails to comply with the notice of the
Health Officer within 10 days of service or mailing thereof, the Health
Officer may cause connection to be made, and the expense thereof shall
be assessed as a special tax against the property.
D.
Installation option. The owner or his/her agent may, within 30 days
after completion of the work, file a written option with the Village
Administrator stating that he/she cannot pay the cost of connection
in one sum and electing that such sum be levied in five equal installments,
with interest at the rate of 10% per annum from the completion of
the work.
All owners of improved real estate in the Village of Kimberly
which shall be located upon, near or accessible to any line of sewer
and water maintained by said Village or abutting any street, avenue,
public alley or way along which the Village sewer and water lines
are laid shall connect with said sewer line all water closets, bathtubs,
lavatories, sinks and urinals so that their contents will empty into
such sewer in accordance with the provisions of the state plumbing
codes and such additional local rules and regulations not inconsistent
therewith.
A.
It shall be unlawful for any person, firm or corporation to build,
erect, construct, keep or maintain or cause to be built, constructed,
kept or maintained any privy or surface closet abutting any street,
avenue or public alley or way along which the Village maintains a
sewer line and water main or upon any lot accessible thereto.
B.
It shall be unlawful to build, erect, keep or maintain any building
to be occupied by any one or more persons without providing and maintaining
for the use of such occupants adequate water closets connected with
the Village sewer so as to empty the contents thereof into said sewer
or without providing a sanitary surface privy built according to plans
and specifications approved by the County Health Officer.[1]
C.
It shall be unlawful to build any surface privy or dry closet or
cause the same to be built or constructed on any lot or premises within
the Village limits without first having obtained a permit from the
Board of Health.
A.
Sewer and water service from the Village of Kimberly shall hereafter
not be furnished outside of the corporate limits of the Village. By
this section, the Village delineates the area to be served by sewer
and water as the Village limits of the Village of Kimberly and as
extended hereafter by annexation.
B.
The Village Board declares that there exists no obligation presently
to serve beyond its limits except by contract with the Village of
Combined Locks. By agreement and by contract, the Village limits of
the Village of Combined Locks shall be the limit of the Village of
Kimberly limits, and any extension beyond the limits of the Village
of Combined Locks shall be considered an extension beyond this delineation
and beyond the obligation of the Village of Kimberly.
A.
Purpose. The purpose of this section is to prevent contamination
of groundwater and to protect 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 Kimberly municipal water system.
C.
MUNICIPAL WATER SYSTEM
NONCOMPLYING
PUMP INSTALLATION
UNSAFE
UNUSED
WELL
WELL ABANDONMENT
Definitions. The following definitions shall be applicable in this
section:
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 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 NR 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 January 1, 1991,
or no later than one year from the date of connection to the municipal
water system, whichever occurs last, unless a well operation permit
has been obtained by the well owner from the Kimberly Municipal Water
Utility.
E.
Well operation permit. The Kimberly Municipal Water Utility may grant
a permit to a private well owner to operate a well for a period not
to exceed five years, providing the conditions of this section are
met. An owner may request renewal of a well operation permit by submitting
information verifying that the conditions of this section are met.
The Kimberly Municipal Water Utility 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 Village 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 being upgraded to meet
the requirements of Ch. NR 812, Wis. Adm. Code;
(2)
The well 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, and
(4)
The proposed use of the well and pump installation can be justified
as being necessary in addition to water provided by the municipal
water system.
F.
Abandonment procedures.
(1)
All wells abandoned under the jurisdiction of this section or rule
shall be abandoned according to the procedures and methods of Ch.
NR 812, Wis. Adm. Code. All debris, pumps, piping, unsealed liners
and any other obstructions which may interfere with sealing operations
shall be removed prior to abandonment.
(2)
The owner of the well or the owner's agent shall notify the Village
Administrator at least 48 hours prior to commencement of any well
abandonment activities. The abandonment of the well shall be observed
by the Kimberly Municipal Water Utility.
(3)
An abandonment report form, supplied by the Department of Natural
Resources, shall be submitted by the well owner to the Village Administrator
and the Department of Natural Resources within 10 days of the completion
of the well abandonment.
G.
Penalties. Any well owner violating any provisions of this section
shall, upon conviction, be punished by forfeiture of not less than
$50 nor more than $200 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.
A.
Purpose. The Village is undertaking the systematic reconstruction
of the public sewer system lying within the corporate limits. Metering
records taken by the Heart of the Valley Metro Sewerage District at
the downstream end of the Village system indicate the presence of
an abnormal amount of clear water entry into the sanitary sewer system.
The presence of this clear water reduces available capacity to all
system users and causes system overloads that are manifested in reduced
treatment plant capacity, environmental degradation, and the potential
for flooded basements, all of which ultimately are detrimental to
the citizens of the community. The Village recognizes that its public
sewer system has a finite life and, in many cases, has exceeded the
useful life of the system. The Village also recognizes that private
building sewers possess many of the same characteristics as the public
sewer system.
B.
Work must be authorized. No person shall uncover, make any connections
with or opening into, use, alter or disturb the sanitary sewer or
appurtenance thereof without first obtaining a written permit from
the municipal approving authority.
C.
System reconstruction.
(1)
Inspection(s) required.
(a)
The Village shall inspect all private connections to the public
mains at the time that the public system is to be reconstructed.
(b)
Any existing private sewer lateral not meeting the requirements
of this section shall be considered illegal.
(c)
Prior to the actual reconstruction of the sanitary sewer 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.
(d)
As the reconstruction progresses, the Village shall inspect
each private sewer connection for conformance with this section or,
in the event inspection has been made previously, determine the condition
of the private sewer connection from inspection records.
(e)
In the event that the private system meets the requirements
of this section, the Village shall reconnect the private system to
the public system at an appropriate point near the right-of-way line.
(f)
In the event that the private sewer is found not to meet the
requirements of this section, the Village shall immediately notify
the owner of the determined deficiencies.
(2)
Owner to correct deficiency(ies). The owner shall, at the owner's
expense, make the necessary repairs to correct the deficiency(ies).
In all cases, the Village shall supply an appropriate connection point
at the sewer main as part of its work. The owner may elect to:
(a)
Make the repair(s). In doing so, the owner recognizes that all
work must be done in strict conformance with all applicable local
and state codes and in such a manner to correct the noted deficiency(ies).
All work needed to accomplish the repair shall be done at the expense
of the owner.
(b)
Contract with licensed contractor to complete the repair. All
work needed to accomplish the repair shall be done at the expense
of the owner.
(c)
Have Village contractors, if available, complete the repair.
[1]
The Village agrees that, as part of any project, unit bid prices
will be requested for the calculation of the cost of making appropriate
repairs to the private building sewer.
[2]
Should the owner select this option, the owner will be charged
the entire cost of making the repair. The owner may elect to pay the
entire amount upon completion of the work, or the owner may request
to be billed in the form of a special assessment on the owner's tax
bill in five annual installments plus interest at 5%.
