[Adopted 7-22-1993 as Title 9, Ch. 1, Art. B, of the 1993 Code]
All persons now receiving a water supply from the City of Marion
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.
A.
Application for water service shall be made in writing on a form
furnished by the Water Utility. The application will contain the legal
description of the property to be served, the name of the owner, the
exact use to be made of the service, and the size of the supply pipe
and meter desired. (Note particularly any special refrigeration, fire
protection and/or air-conditioning water-consuming appliances.)
B.
Service will be furnished only if:
(1)
The premises has a frontage on a properly platted street or public
strip in which a cast-iron or other long-life water main has been
laid or where the property owner has agreed to and complied with the
provisions of the Utility's filed main extension rule;
(2)
The property owner has installed or agrees to install a service pipe
from the curbline to the point of use and laid not less than six feet
below the surface of an established or proposed grade and according
to the Utility's specification; and
(3)
The premises has adequate piping beyond the metering point.
C.
The owner of a multiunit dwelling has the option of being served
by individual metered water service to each unit. The owner, by selecting
this option, is required to provide interior plumbing and meter settings
to enable individual metered service to each unit and individual disconnection
without affecting service to the other units. Each meter and meter
connection will be a separate Water Utility customer for the purpose
of the filed rules and regulations.
D.
No division of the water service of any lot or parcel of land shall
be made for the extension and independent meterage of the supply to
an adjoining lot or parcel of land. No division of a water supply
service shall be made at the curb for separate supplies therefrom
for two or more separate premises having frontage on any street or
public service strip, whether owned by the same or different parties.
E.
The Utility is hereby empowered to withhold approval of any application
wherein full information of the purpose of such supply is not clearly
indicated and set forth by the applicant property owner.
A.
The minimum service contract period shall be one year unless otherwise
specified by special contract or in the applicable rate schedule.
Where the utility service has been disconnected at the customer's
request prior to expiration of his minimum contract period, a reconnection
charge shall be made, payable in advance, when the customer requests
reconnection of service. (See Schedule R-1 for applicable rate.[1]) The minimum contract period is renewed with each reconnection.
[1]
Editor's Note: Rate schedules are on file at the office of
the City Clerk-Treasurer.
B.
A reconnection charge shall also be required from consumers whose
services are disconnected (shut off at curb stop) because of nonpayment
of bills when due (not including disconnection for failure to comply
with deposit or guarantee rules). (See Schedule R-1 for applicable
rate.)
C.
A consumer shall be considered as the same consumer provided that
the reconnection is requested for the same location by any member
of the same family or, if a place of business, by any partner or employee
of the same business.
An applicant for temporary water supply on a metered basis shall
make and maintain a monetary deposit for each meter installed as security
for payment for use of water and for such other charges which may
arise from the use of the supply. A charge shall be made for setting
the valve and furnishing and setting the meter. (See Schedule D-1
for applicable rate.)[1]
[1]
Editor's Note: Rate schedules are on file at the office of
the City Clerk-Treasurer.
A.
When water is requested for construction purposes or for filling
tanks or other such uses, an application therefor shall be made to
the Utility, in writing, upon application provided for that purpose
in the Utility's office, giving a statement of the amount of
construction work to be done or the size of the tank to be filled,
etc. Payment for the water for construction shall be made in advance
at the scheduled rates. The service pipe must be installed inside
the building from where the water must be drawn. No connection with
the service pipe at the curb shall be made without special permission
from the Utility.
B.
In no case will any employee of the Utility turn on water for construction
work unless the contractor first presents a permit. Upon completion
of the construction work, the contractor must return the original
permit to the Utility, together with a statement of the actual amount
of construction work performed.
A.
In cases where no other supply is available, permission may be granted
by the Utility to use a hydrant. No hydrant shall be used until it
is equipped with a sprinkling valve. In no case shall any valve be
moved except by a member of the Utility.
B.
Before a valve is set, payment must be made for its setting and for
the water to be used at the scheduled rates. Where applicable, see
Schedule H-1 for deposits and charges.[1] Upon completing use of the hydrant the customer must notify
the Utility to that effect.
[1]
Editor's Note: Rate schedules are on file at the office of
the City Clerk-Treasurer.
C.
In the use of a hydrant supply, the hydrant valve will be set at
the proper opening by the Utility when the sprinkling valve is set,
and the flow of water must be regulated by means of the sprinkling
valve. If the water is to be used through iron pipe connections, all
such pipe installations shall have a swing joint to facilitate quick
disconnection from the fire hydrant.
Any person who shall, without authority of the Utility, allow
contractors, masons, or other unauthorized persons to take water from
his premises, operate any valve connected with the street or supply
mains, or open any fire hydrant connected with the distribution system,
except for the purpose of extinguishing fire, or who shall wantonly
damage or impair the same shall be subject to a fine as provided by
municipal ordinances. Permits for the use of hydrants apply only to
such hydrants as are designated for the specific use.
All moneys deposited as security for payment of charges arising
from the use of temporary water supply on a metered basis or for the
return of a sprinkling valve wheel or reducer, if the water is used
on an unmetered basis, will be refunded to the depositor on the termination
of the use of water, the payment of all charges levied against the
depositor, and the return of the wheel and reducer.
A.
No water service shall be laid through any trench having cinders,
rubbish, rock or gravel fill, or any other material which may cause
injury to or disintegration of the service pipe, unless adequate means
of protection are provided by sand filling or such other insulation
as may be approved by the Utility. Service pipes passing through curb
or retaining walls shall be adequately safeguarded by provision of
a channel space or pipe casing not less than twice the diameter of
the service connection. The space between the service pipe and channel
or pipe casing shall be filled and lightly caulked with an oakum,
mastic cement, or other resilient material and made impervious to
moisture.
B.
In backfilling the pipe trench, the service pipe must be protected
against injury by carefully hand tamping the ground filling, free
from hard lumps, rocks, stones, or other injurious material, around
and at least six inches over the pipe.
C.
All water supplies shall be of undiminished size from the street
main in to the point of meter placement. Beyond the meter outlet valve
the piping shall be sized and proportioned to provide, on all floors,
at all times, an equitable distribution of water supply for the greatest
probable number of fixtures or appliances operating simultaneously.
A.
Where the original service piping is installed for a new metered
customer, where existing service piping is changed for the customer's
convenience, or where a new meter is installed for an existing unmetered
customer, the owner shall, at his expense, provide a suitable location
and the proper connections for the meter. The Water Utility should
be consulted as to the type and size of meter setting. Where it is
possible to set meters in the basement or other suitable place within
the building, a short nipple shall be inserted after the stop and
waste cock, then a union, and then another nipple and coupling of
the proper length. The nipple attached to the union and coupling shall
be cut to a standard length provided by the plans of the Utility (it
may require a horizontal run of 18 inches in such pipeline) which
may later be removed for the insertion of the meter into the supply
line.
B.
No permit will be given to change from metered to flat rate service.
The water cannot be turned on for a consumer except by a duly
authorized employee of the Utility. When a plumber has completed a
job, he must leave the water turned off. This does not prevent the
plumber from testing the work.
A.
Where the Utility is unable to read a meter after two successive
attempts, the fact will be plainly indicated on the bill and either
an estimated bill will be computed or the minimum charge applied.
The difference shall be adjusted when the meter is again read, that
is, the bill for the succeeding quarter will be computed with the
gallons or cubic feet in each block of the rate schedule doubled and
credit will be given on that bill for the amount of the minimum bill
paid the preceding month. Only in unusual cases or where approval
is obtained from the customer shall more than three consecutive estimated
bills be rendered where bills are rendered monthly, and there shall
be not more than two consecutive estimated bills where the billing
period is two months or more.
B.
If the meter is damaged (see § 580-27, Surreptitious use of water) or fails to operate, the bill will be based on the average use during the past year unless there is some reason why the use is not normal. If the average use cannot be property employed, the bill will be estimated by some equitable method.
See Ch. PSC 185, Wis. Adm. Code.
See Ch. PSC 185, Wis. Adm. Code.
The consumer shall protect the 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 stop box and shut off the
water in case of a leak on the consumer's premises.
Meters will be furnished and placed by the Utility and are not
to be disconnected or tampered with by the consumer. All meters shall
be so located that they shall be protected from obstructions and permit
ready access thereto for reading, inspection, and servicing, such
location to be designated or approved by the Utility. All piping within
the building must be supplied by the owner. Where additional meters
are desired by the owner, the owner shall pay for all piping and an
additional amount sufficient to cover the cost of maintenance and
depreciation. Where applicable, see Schedule Am-1 for rate.[1]
[1]
Editor's Note: Rate schedules are on file at the office of
the City Clerk-Treasurer.
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 any one of them to properly secure and protect the
same, including any damage that may result from allowing a water meter
to become frozen or to be injured from the presence of hot water or
steam in the meter, shall be paid for by the consumer or the owner
of the premises.
A.
Where the property owner requests that a larger service lateral be
installed to replace an existing smaller diameter pipe, an allowance
of $15 will be made as a deduction in the cost, provided that the
new service is to be installed in the same ditch as the existing service
pipe.
B.
The service pipe from the main to and through the curb stop will
be maintained and kept in repair and, when worn out, replaced at the
expense of the Utility. The property owner shall maintain the service
pipe from the curb stop to the point of use.
C.
If a consumer fails to repair a leaking or broken service pipe from
curb to point of metering or use within such time as may appear reasonable
to the Utility after notification has been served on the consumer
by the Utility, the water will be shut off and will not be turned
on again until the repairs have been completed.
See Ch. PSC 185, Wis. Adm. Code.
During reasonable hours any officer or authorized employee of
the Utility shall have the right of access to the premises supplied
with service for the purpose of inspection or for the enforcement
of the Utility's rules and regulations. Whenever appropriate,
the Utility will make a systematic inspection of all unmetered water
taps for the purpose of checking waste and unnecessary use of water.
See Ch. PSC 185, Wis. Adm. Code.
See Ch. PSC 185, Wis. Adm. Code.
See Ch. PSC 185, Wis. Adm. Code.
See Ch. PSC 185, Wis. Adm. Code.
An amount owed by the customer may be levied as a tax as provided
in § 66.0809, Wis. Stats.
A.
When the Utility has reasonable evidence that a consumer is obtaining
his 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:
(1)
The consumer will be required to deposit with the Utility an amount
sufficient to guarantee the payment of the consumer's bills for
Utility service to the Utility.
(2)
The consumer will be required to pay the Utility for any and all
damages to its equipment on the consumer's premises due to such
stoppage or interference with its metering.
(3)
The consumer must further agree to comply with reasonable requirements
to protect the Utility against further losses.
B.
Sections 98.26 and 943.20, Wis. Stats., as relating to water service,
are hereby adopted and made a part of these rules.
When a premises is to be vacated, the Utility shall be notified,
in writing, at once so that it may remove the meter and shut off the
supply at the curb cock. The owner of the premises shall be liable
to prosecution for any damage to the property of the Water Utility
by reason of failure to notify the Utility of vacancy.
The Utility reserves the right to shut off the 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 will be allowed to consumers
for such temporary suspension of supply.
It shall be the duty of the Utility to see that all open ditches
for water mains, hydrants, and service pipes are properly guarded
to prevent accident to any person or vehicle, and at night there shall
be displayed an amber signal in such manner as will, so far as possible,
ensure the safety of the public.
Contractors must ascertain for themselves the existence and
location of all service pipes. Where they are removed, cut or damaged
during trench construction, the contractor must at his own expense
cause them to be replaced or repaired at once. Contractors must not
shut off the water service pipes to any consumer for a period exceeding
six hours.
A.
Protective devices in general. The owner or occupant of every premises
receiving water supply shall apply and maintain suitable means of
protection of the premises supply, and all appliances thereof, against
damage arising in any manner from the use of the water supply, variation
of water pressure, or any interruption of water supply. Particularly,
such owner or occupant must protect water-cooled compressors for refrigeration
systems by means of high-pressure safety cutout devices. There shall
likewise be provided means for the prevention of the transmission
of water ram or noise of operation of any valve or appliance through
the piping of his own or adjacent premises.
B.
Relief valves. On all closed systems (i.e., systems having a check
valve, pressure regulator, or reducing valve, water filter or softener)
an effective pressure-relief valve shall be installed either in the
top tapping or the upper side tapping of the hot-water tank or on
the hot-water distributing pipe connection at the tank. No stop valve
shall be placed between the hot-water tank and the relief valve or
on the drainpipe. (See applicable City plumbing codes.)
C.
Air chambers. An air chamber or approved shock absorber shall be
installed at the terminus of each riser, fixture branch, or hydraulic
elevator main for the prevention of undue water hammer. The air chamber
shall have a diameter not less than that of the pipe it serves and
a length not less than 15 diameters of said supply pipe. Where possible,
the air chamber should be provided at its base with a valve and rain
cock for water drainage and replenishment of air.
A.
Definition. A cross-connection shall be defined as any physical connection
or arrangement between two otherwise separate systems, one of which
contains potable water from the City of Marion water system and the
other water from a private source, water of unknown or questionable
safety, or steam, gases, or chemicals, whereby upon loss of pressure
or any pressure condition there may be a flow from one system to the
other.
B.
Cross-connections prohibited. No person, firm or corporation shall
establish or permit to be established or maintain or permit to be
maintained any cross-connection. No interconnection shall be established
whereby potable water from a private, auxiliary or emergency water
supply other than the regular public water supply of the City may
enter the supply or distribution system of said municipality, unless
such private, auxiliary or emergency water supply and the method of
connection and use of such supply shall have been approved by the
Utility and by the Wisconsin Department of Natural Resources in accordance
with Ch. NR 811, 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. The
Utility may, but is not required to, perform the cross-connection
inspection of the owner's property. If, in the opinion of the
Utility, it is not able to perform the inspection, the property owner
must, at his own expense, have the plumbing inspected for cross-connection
by a State of Wisconsin certified cross connection inspector/surveyor.
The Utility shall charge fees as approved by the Public Service Commission
for on-premises follow-up visits by Utility personnel for reinspection
due to customer noncompliance and after-hours inspection or reinspections.
[Amended 4-12-2010 by Ord. No. 2010-007[1]]
D.
Right to inspect. Upon presentation of credentials, the representative
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 City for cross-connections. If entry is refused,
such representative shall obtain a special inspection warrant under
§ 66.0119, Wis. Stats. On request the owner, lessee or occupant
of any property so served shall furnish to the inspection agency any
pertinent information regarding the piping system or systems on such
property.
E.
Discontinuation of service. The 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 deeded necessary to eliminate any danger of contamination of the public water system. Water service shall be discontinued only after reasonable notice and opportunity for hearing under Ch. 68, Wis. Stats., except as provided in Subsection F. Water service to such property shall not be restored until the cross-connection(s) has been eliminated in compliance with the provisions of this section.
F.
Immediate discontinuation. If it is determined by the Utility that
a cross-connection or an emergency endangers public health, safety
or welfare and requires immediate action, and a written finding to
that effect is filed with the City Clerk-Treasurer and delivered to
the customer's premises, service may be immediately discontinued.
The customer shall have an opportunity for hearing under Ch. 68, Wis.
Stats., within 10 days of such emergency discontinuance.
G.
State code adopted. The City adopts by reference the State Plumbing
Code of Wisconsin, being Ch. SPS 382, Wis. Adm. Code.
H.
Section not to supersede other ordinances. This section does not
supersede the State Plumbing Code and any City plumbing ordinances
but is supplementary to them.
A.
Purpose. The purpose of this section is to prevent contamination
of groundwater and to protect public health, safety and welfare by
assuring that unused, unsafe or noncomplying wells, or wells which
may serve as conduits for contamination, or wells which may be illegally
cross-connected to the municipal water system, are properly abandoned.
B.
Applicability. This section applies to all wells located on premises
served by the Marion municipal water system.
C.
MUNICIPAL WATER SYSTEM
NONCOMPLYING
PUMP INSTALLATION
UNSAFE
UNUSED
WELL
WELL ABANDONMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A system for the provision to the public of piped water for
human consumption, when such system has at least 15 service connections
or regularly serves at least 25 year-round residents, owned or operated
by a city, village, county, town, town sanitary district, utility
district or public institution or a privately owned water utility
serving any of the above.[1]
A well or pump installation which does not comply with Ch.
NR 812, Wis. Adm. Code, in effect at the time the well was constructed,
a contamination source was installed, the pump was installed or work
was done on either the well or pump installation.
The pump and related equipment used for withdrawing water
from a well, including the discharge piping, the underground connections,
pitless adapters, pressure tanks, pits, sampling faucets and well
seals or caps.
A well or pump installation which produces water which is
bacteriologically contaminated or contaminated with substances in
exceedance of the standards of Ch. NR 109 or 140, Wis. Adm. Code,
or for which a health advisory has been issued by the Department of
Natural Resources.
A well or pump installation which is not in use or does not
have a functional pumping system.
An excavation or opening into the ground made by digging,
boring, drilling, driving, or other methods for the purpose of obtaining
groundwater for consumption or other use.
The filling and sealing of a well according to the provisions
of Ch. NR 812, Wis. Adm. Code.
D.
Abandonment required. All wells located on premises served by the
municipal water system shall be abandoned in accordance with the terms
of this section and Ch. NR 812, Wis. Adm. Code, by January 1, 1992,
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 Clerk-Treasurer.
E.
Well operation permit. The City of Marion may grant a permit to a
private well owner to operate a well for a period not to exceed five
years, provided that the conditions of this section are met. An owner
may request renewal of a well operation permit by submitting information
verifying that the conditions of this section are met. The City of
Marion, 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 or renewal. Permit
applications and renewals shall be made on forms provided by the Clerk-Treasurer.
The following conditions must be met for issuance or renewal of a
well operation permit:
(1)
The well and pump installation meet or are upgraded to meet the requirements
of Ch. NR 812, Wis. Adm. Code.
(2)
The well construction and pump installation have a history of producing
bacteriologically safe water as evidenced by at least two samplings
taken a minimum of two weeks apart. No exception to this condition
may be made for unsafe wells, unless the Department of Natural Resources
approves, in writing, the continued use of the well.
(3)
There are no cross-connections between the well and pump installation
and the municipal water system.
(4)
The proposed use of the well and pump installation can be justified
as being necessary in addition to water provided by the municipal
water system.
F.
Abandonment procedures.
(1)
All wells abandoned under the jurisdiction of this section or rule
shall be abandoned according to the procedures and methods of Ch.
NR 812, Wis. Adm. Code. All debris, pump, piping, unsealed liners
and any other obstructions which may interfere with sealing operations
shall be removed prior to abandonment.
(2)
The owner of the well, or the owner's agent, shall notify the
Clerk-Treasurer at least 48 hours prior to commencement of any well
abandonment activities. The abandonment of the well shall be observed
by the Water Utility.[2]
(3)
An abandonment report form, supplied by the Department of Natural
Resources, shall be submitted by the well owner to the Clerk-Treasurer
and the Department of Natural Resources within 10 days of the completion
of the well abandonment.
G.
Penalties. Any well owner violating any provision of this section shall, upon conviction, be subject to a penalty as prescribed in § 1-4 of this Code. 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 City may impose a penalty or may cause the well abandonment to be performed and the expense to be assessed as a special tax against the property.[3]
