Article II Water

Any person who shall, without authority of the Superintendent, operate any valve connected with the street or supply mains, or open any fire hydrant connected with the distribution system, except for the purpose of extinguishing fire, or who shall wantonly injure or impair the same shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $10 nor more than $100 or imprisonment in the county jail for not more than 90 days, or both such fine and imprisonment. Permits for the use of hydrants for filling sprinkling carts apply only to such hydrants as are designated for such use.

Water used for construction work must be covered by a written permit which can be obtained only from the Superintendent. In no case will any employee of the Utility turn on water for construction work unless the contractor first presents a permit. Upon completion of the construction work the contractor must return the original permit to the Water Department together with a statement of the actual amount of construction work performed.

Consumers shall not allow contractors, masons or other persons to take water from their premises without first showing a permit from the Department. Any consumer failing to comply with this provision will have his water service discontinued and be deemed guilty of a misdemeanor. Upon conviction thereof he shall be subject to a fine as set forth in the preceding section.

Consumers taking water for supplying boilers for generating steam or for other general use and depending upon the water main pressure for supply will do so at their own risk, and the Utility shall not be liable for any damage because of the lack of pressure or failure of supply.

(5)

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

(6)

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.

Service rules.

Where excavating machines are used in digging sewers, all water mains shall be maintained at the expense of the contractor.

Contractors must ascertain for themselves the existence and location of all service pipes. Where they are removed, cut or damaged in the construction of a sewer, the contractor must at his own expense cause them to be replaced or repaired at once. He must not shut off the water service pipes for any consumer 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.

The Utility reserves the right to shut off the water in the mains temporarily, to make repairs, alterations or additions to the plant or system. When the circumstances will permit of sufficient delay, the company will give notification, by newspaper publication or otherwise, of the discontinuance of the supply. No rebate or damages will be allowed to consumers for such temporary suspension of supply.

(5)

No persons, unless authorized by the Utility, shall be permitted to tap or make any connection to any street main or distribution pipe. This work shall be done in accordance with any special ordinance or rule of the Utility.

(6)

No water shall be taken without proper permit. Parties desiring to introduce water on their premises must make formal application to the Water Office and sign an application card or permit constituting a contract for water supplied and its specific use, which contract embodies these regulations as part of the same.

(7)

Each applicant for water service shall, at the time of making application for such service, execute and deliver to the Utility a contract for such water service, agreeing to put in the service pipe from the curbline to each piece of water-using property existing at that point and owned by him where such water is desired, at the expense of such applicant, and to commence the payment for such water service when a bill is rendered for the same.

(8)

Any permit given for water service shall require that not more than one dwelling house, apartment building, hotel, business house or factory shall be served by one connection.

(9)

Whenever service pipes have to be replaced where conditions contrary to the above rule exist, they shall be corrected.

(10)

Whenever permanent street improvements are made and conditions contrary to the above rule exist, they shall be corrected.

(11)

Plumbers shall not connect two services to one tap, but each building must have one distinct and separate tap and service pipe laid not less than six feet below the surface after the street is brought to a grade. Each service must be provided with a stop cock and metal extension stop box outside of the premises connected to the same. Supply pipes shall not be laid across and connecting adjoining premises, whether owned by the same or different parties. Every service pipe where it enters the collar shall be furnished with a stop and waste cock so situated below the action of frost that the water can be completely shut off and drained from the pipes when necessary to prevent freezing.

(12)

The service pipe from the main to and including the curb cock at the curb will be maintained and kept in repair at the expense of the Utility. However, it is the duty of the consumer to maintain the service pipe from the curb to the point of use, and the Utility cannot be called upon to stand the loss of water which has not passed through the meter but has been wasted by leakage of defective pipes and fixtures.

(13)

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

(14)

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

(15)

Following the freezing of a service the Utility shall take such steps and issue such instructions as may be necessary to prevent the refreezing of the same service. No charge will be made for rethawings if the instructions are followed. In case it is necessary to allow the water to flow to prevent refreezing the consumer must make provision for proper disposal of the wastewater.

(16)

For the period in which the water is allowed to run the consumer will be billed according to his meter readings but in no event to exceed the average amount paid in the corresponding billing periods of the previous two years. A new consumer will be charged the average bill for other consumers of the same class receiving service under comparable conditions.

(17)

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

(18)

Outside hydrants hereafter shall not be installed by consumers unless they are connected to the pipe system of the building used as the residence or business place of the consumer. If the use of such hydrant produces a serious water hammer, the owner shall correct this condition at his expense by effective means, such as the connection of an air chamber to form an air cushion or by changing the type of hydrant.

(19)

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

(20)

In installing new service piping if meters are to be set, the consumer shall, at his own expense, provide the proper connections for the meter. Where it is possible to set meters in the basement, a short nipple shall be inserted after the proper length. The nipple attached to the union and coupling shall be cut to a standard length provided by the plans of the Superintendent which may later be removed for the insertion of the meter into the supply line.

(21)

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

(22)

Meters will be furnished and placed by the Utility and are not to be disconnected or interfered with by the consumer. All meters shall be so located that they shall be preserved from obstructions and allow easy access thereto for reading and inspection, such location to be designated by the Superintendent. All piping within the building must be supplied by the consumer. If additional meters are desired by the consumer he shall pay for all piping and an amount sufficient to cover the cost of maintenance and depreciation, but not less than a minimum amount set by the Village Board.

(23)

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

(24)

Any damage to a meter resulting from the carelessness of the owner of the premises, his agent or tenant, or from the negligence of any one of them to properly secure and protect the same, including any damage that may result from allowing a water meter to become frozen or to be injured from the presence of hot water or steam in the meter, shall be paid for by the consumer or the owner of the premises.

(25)

When the Utility has reasonable evidence that a consumer is obtaining his supply of water, in whole or in part, by means of devices or methods used to stop or interfere with the proper metering of the Utility service being delivered to his equipment, the Utility reserves the right to estimate and present immediately a bill for service unmetered as a result of such interference, and such bill shall be payable subject to a twenty-four-hour disconnection of service. When the Utility shall have disconnected the consumer for any such reason, the Utility will reconnect the consumer upon the following conditions:

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.

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.

The consumer must further agree to comply with reasonable requirements to protect the Utility against further losses.

(26)

Section 943.20, Wis. Stats., as relating to water service, is hereby adopted and made a part of these rules.

(27)

If a consumer demands that a test be made of his meter in addition to the periodic or installation test, he shall pay a test fee set by the Village Board per inch of nominal size or fraction thereof. If the meter is found fast in excess of 2% the payment for the test will be refunded and the usual adjustment made in the past bills.

Unauthorized operation of valves and hydrants. Any person who shall, without authority of the Superintendent, operate any valve connected to the street or supply mains, or open any fire hydrant connected to the distribution system, except for the purpose of extinguishing fire, or who shall wantonly injure or impair the same shall, upon conviction thereof, be subject to a fine of not less then $10 nor more than $100 and the costs of the action and in default of payment thereof may be imprisoned in the county jail until such fine and costs are paid, not exceeding 90 days. Permits for the use of hydrants for filling sprinkling carts apply only to such hydrants as are designated for such use.

Emergency and occasional service.

Consumers shall not allow contractors, masons or other persons to take water from their premises without first showing a permit from the Department. Any consumer violating the provisions of this subsection may have his water service discontinued, and, upon conviction thereof, he shall be subject to a fine of not less than $10 nor more than $100 and the costs of the action and in default of payment thereof may be imprisoned in the county jail for Marathon County until such fine and costs are paid, not exceeding 90 days.

Deposit and guarantee rules.

Deposits.

Renters. A deposit may be required of any renter of premises in the Village of Rothschild and using water and/or sewer service, in order to guarantee payment of the water and sewer bill by the renter.

Premises outside Village. Where any premises situated without but on the outskirts of the Village of Rothschild is, with permission of the Village Board, given water and/or sewer service, as a condition of connecting to the Village of Rothschild water or sewer main, a deposit shall be required from the person applying for such service in an amount equal at least to the anticipated charges for said service for two quarters of a year.

Nothing in the foregoing Subsection E(1)(b) shall be construed as authorizing the Water and Sewer Commission to connect any premises outside the Village of Rothschild to said services without specific permission from the Village Board.

Guarantee. 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 indeterminate, but it shall automatically terminate as to any future charges after discontinuance of service at the location or at the guarantor's request upon 30 days' written notice to the Utility.

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

The guarantor shall receive copies of all final discount notices sent to the customer whose account he has guaranteed. Any due and unpaid bill for water service may be put upon the tax roll as provided in § 66.0809, Wis. Stats., and acts amendatory or in substitution thereof or supplementary thereto, then in effect and shall be a lien upon the real estate to which such water was furnished as provided in said statute.

Billing procedure.

[Amended 1-6-1969]

Unit of service. A unit of service shall consist of 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 consumer and the surcharge for additional consumers on a meter assessed accordingly.

Rooming houses. Suites in houses, or apartments where complete housekeeping functions (such as cooking) are not exercised, shall be classed as rooming houses. Thus houses and apartments having suites of one, two, or more rooms with bathroom facilities but without a kitchen for cooking are classed as rooming houses.

More than one building on premises. When a consumer's premises has several buildings, two or more supplied with service and metered separately, the full service charge will be billed for each meter and the readings will not be cumulated. If these buildings are all used in the same business and are connected by the consumer, they can be metered in one place. If the Utility, for its own convenience, installs more than one meter, the readings will be cumulated for billing.

Payment of bills.

[Amended 6-14-1976]

Bills for metered water service are rendered quarterly for service to the end of March, June, September and December.

A late payment charge shall be applied to the quarterly billing if the bill rendered is not paid within 20 days after the date of issuance of the bill.

The bill shall state the amount of the late payment charge and the date after which the late payment charge will be applied.

(d)

The late payment charge shall be 3% of the bill, except a minimum charge set by the Village Board shall apply.

(e)

A late payment charge shall be applied to all customer classes and rate classifications, and any properly applied late payment charge shall not be waived.

(f)

A late payment charge shall be applied only once to any outstanding bill.

(g)

If a late payment charge is applied, the customer, together with the owner of the premises, if he is not the customer, shall be given written notice that the bill is delinquent and that unless payment or satisfactory arrangement for payment is made within five days after such written notice is given the bill, including the late payment charge, shall be entered in the real estate tax roll against the premises served as a special charge.

General penalty. Any person violating the provisions of this section shall, upon conviction thereof, be subject to a fine not exceeding $100 and the costs of the action and in default of the payment of such fine and costs shall be imprisoned in the county jail until such fine and costs are paid, not exceeding 90 days.

§ 535-4 Water rates.

[Amended 1-6-1969[1]]

General service metered.

Quarterly minimum charge: as set by the Village Board.

Output charge: as set by the Village Board.

General service outside corporate limits. Water service supplied outside the corporate limits of the Village will be billed at the urban rates, Subsection A(1) and (2), plus a surcharge of 25%.

Public service.

Metered. Water service supplied to Village buildings and schools and for other public purposes shall be metered and the regular service rates applied.

§ 535-5.1 Replacement of lead and galvanized water service laterals.

Intermittent public service. Water used for flushing sewers, street sprinkling, flooding rinks and pools, drinking fountains, etc., shall be metered where meters can be set to measure the service. Where it is impossible to meter the service, the Superintendent shall estimate the gallons of water used, based on the pressure, size of opening, and period of flow. The estimated quantity shall be billed at a rate set by the Village Board for each 1,000 gallons.

Private fire-protection service. Charges as set by the Village Board will be made on an annual basis, on the first quarterly billing, according to the size of the unmetered service lateral.

Building and construction water service. When a single-family residence or small commercial building is under construction and water is being supplied, until a meter can be set the minimum quarterly charge will be applied.

[1]

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

§ 535-5 Sprinkling regulations.

[Amended 4-28-1969]

Reasonable regulations for the use of water for sprinkling lawns, yards and gardens may be ordered by the Village Board at any time such regulations are necessary in the judgment of the Village Board to protect and preserve the water supply, fire-protection capabilities and the health and welfare of the residents of the Village of Rothschild.

Any such order of the Village Board shall be effective upon its publication as a Class 1 notice in the Wausau Daily Record-Herald.

Any person violating any order of the Village Board made pursuant to the provisions of this section shall, upon conviction, forfeit not less than $10 nor more than $100 and in default of payment shall be imprisoned in the county jail for not more than 30 days. Each day of violation shall constitute a separate offense.

[Added 5-11-2021]

Identification of lead or galvanized water service laterals.

Upon notice from the Village of Rothschild Water Utility ("Utility"), any person or entity who owns, manages, or otherwise exercises control over a property connected to the water distribution system shall allow the Utility to inspect the private water service lateral to determine the material of construction as authorized by Wis. Stats., § 196.171.

Upon presentation of credentials, representatives of the 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 Utility for inspection of the service line. If entry is refused, such representatives shall obtain a special inspection warrant under Wis. Stats., § 66.0119. Upon request, the owner, lessee, or occupant of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system on such property.

The Utility shall create and maintain a record of the location of all identified lead or galvanized water service laterals in the Village.

The Utility shall provide written notice to any person or entity who owns, manages, or otherwise exercises control over a property connected to the water distribution system that has been inspected and determined to be constructed of lead or is galvanized.

Owner to replace lead and galvanized service. Existing lead and galvanized water service laterals connected to the Utility are highly recommended to be replaced with water service laterals made of suitable material that is approved by the Utility and at the owner's expense. Except that any property tested by the Utility in accordance with Wisconsin Department of Natural Resources lead and copper monitoring that exceeds the lead level established by the Environmental Protection Agency's lead and copper rule will be required to replace the lateral in 120 days.

Affected property owners may contract with a licensed contractor to complete the replacement; or

If grant funding is made available, then affected property owners shall have the Utility's contractor complete the replacement.

The Utility may, as part of any water project, add an alternative to the Utility's contract requesting unit bid prices for the calculation of the cost for private lead or galvanized water service lateral replacement. This will include removing the entire lateral from the main to the inside of the house and replacing all lead or galvanized piping with suitable material.

If available, the property owner shall select this option, and the property owner shall be charged the entire cost over any grant funding of the removal and replacement unless otherwise funded through a separate program under the administration of the Utility. In addition, all restoration shall be the responsibility of the property owner (e.g., topsoil, concrete, steps, asphalt, bushes, and porches).

Water system reconstruction.

Inspection required. The Utility water operator, or designee, shall inspect all private connections to the public water mains at the time that the Utility system is to be reconstructed:

Any existing private lead or galvanized water lateral shall be considered illegal. In the event that the private water lateral is found to contain lead or is galvanized, the Utility water operator or designee shall immediately notify the owner, in writing, of that fact.

Prior to the actual reconstruction of the water main and lateral system, each property owner shall be given notice.

As the reconstruction progresses, the Utility water operator or designee shall inspect each private water lateral connection for the presence of lead or galvanization 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 or galvanization, the Village shall reconnect the same to the Utility system at an appropriate point near the right-of-way line.

Application and scheduling.

Owners, managers, or persons otherwise exercising control over properties shall obtain from and submit to the Utility, in accordance with its service rules, an application for water service which states an intention to replace the private lead or galvanized water service lateral.

The application for water service shall be filed no later than one week prior to replacement to allow for the coordination of replacement and inspection as necessary.

The Utility shall notify customers that their private lead or galvanized water service lateral should be replaced to comply with this section.

Penalties.

Any person who violates any provision of this section may be subject to a forfeiture of no less than $50 and no more than $1,000.