City of Marion, WI
Shawano, Waupaca County
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Table of Contents
Table of Contents
[Adopted 7-22-1993 as Sec. 8-1-7 and Title 9, Ch. 4, of the 1993 Code]
[Amended 2-26-2008 by Ord. No. 2008-01[1]]
A. 
Combined utilities. The waterworks system and sewage disposal system of the City shall be combined and operated as a single public utility pursuant to § 66.0819, Wis. Stats.
B. 
Management of utilities. The Council shall manage the municipal utilities and shall have all of the powers of a utility commission under § 66.0805, Wis. Stats.
C. 
Rates, rules and regulations. The rates, rules and regulations of the utility shall be those approved by the Council and on file and approved by the State Public Service Commission.
[1]
Editor's Note: This ordinance also repealed original Sec. 9-4-2, Fluorination of water supply, which immediately followed this section.
[Amended 2-26-2008 by Ord. No. 2008-01]
A. 
Sprinkling ban. No person, individually or an agent or employee for any firm, association or corporation, shall utilize water for the watering or sprinkling of lawns, gardens, shrubbery or other plants except as hereinafter provided.
B. 
Water use on alternating basis. No person, individually or as agent or employee for any firm, association or corporation, shall utilize water for sprinkling purposes except as follows: homes, businesses, industries, and/or areas with an even number address shall be allowed to use water for the full day (24 hours) on even-numbered days of the month and the odd number addresses shall be allowed to use water for the full day (24 hours) on odd-numbered days of the month.
C. 
The sprinkling ban and water use regulations shall also apply to private wells and the use thereof.
A. 
Whenever public sewer or water service has become available to any building used for human habitation or human occupancy, the Common Council shall notify in writing the owner, agent or occupant thereof to connect such facilities thereto. If such persons to whom the notice has been given shall fail to comply for more than 10 days after notice, the Common Council shall cause the necessary connections to be made and the expenses thereof to be assessed as a special tax against the property pursuant to § 281.45, Wis. Stats.
B. 
The Common Council may extend the time for connection hereunder or may grant other temporary relief where strict enforcement would work an unnecessary hardship without corresponding public or private benefit.
C. 
This section is enacted pursuant to § 281.45, Wis. Stats.
[Added 4-11-2016 by Ord. No. 2016-001]
A. 
Purpose. The purpose of this section is to prevent significant water inflow and infiltration into the City's sanitary sewer system and to protect public health, safety and welfare by assuring that private laterals are tested, inspected, maintained and repaired or replaced.
B. 
Owner maintenance required. The owner of property containing a private lateral shall maintain the private lateral. Maintenance under this section includes:
(1) 
Clearing obstructions from the private lateral;
(2) 
Repairing a defect in the private lateral that allows the introduction of extraneous flow or debris into the sanitary sewer system;
(3) 
Repairing a defect in the private lateral that allows the discharge of sewage on the property;
(4) 
Keeping a manhole cover in place or a clean-out cap tight and in place; and
(5) 
Providing a solid manhole cover.
C. 
Testing and notice of defective private laterals. The manager may periodically perform special tests to confirm the integrity of the sanitary sewer system, including smoke testing, dyed water testing, air testing, hydraulic testing, closed-circuit television inspection, and other testing and inspection techniques approved by the Utility Board.
(1) 
The manager may enter private property to inspect or test a private lateral as allowed by law.
(2) 
The manager shall give the property owner no less than 24 hours' written notice before City personnel enter private property to conduct an inspection or test, unless:
(a) 
City personnel are conducting an investigation of a complaint or responding to a customer request to test or inspect a private lateral; or
(b) 
Sewage is exposed on the property in a manner that creates a potential public health hazard.
(3) 
The manager may identify defects in a private lateral that allow extraneous flow or debris to enter the private lateral or the discharge of sewage on the property, or a condition that may interfere with the proper operation of the private lateral. A defect under this section may include:
(a) 
Any visible leak;
(b) 
Evidence of pipe or joint deterioration;
(c) 
Root intrusion into a pipe that separates a pipe joint or enlarges an existing crack;
(d) 
A misaligned pipe segment, sag, or lack of positive gradient;
(e) 
A lack of a necessary clean-out cap or manhole cover;
(f) 
All failing materials;
(g) 
A downspout, drain, or other connection that allows stormwater or other extraneous water to enter the sanitary sewer system; or
(h) 
A flaw that allows the discharge of sewage on the property or the introduction of extraneous water into the sanitary sewer system.
(4) 
If the manager identifies a defective private lateral or a condition that interferes with the proper operation of the private lateral, the manager shall send the property owner written notice of the defect or condition, including a statement that the private lateral must be replaced or repaired, or the condition corrected, not later than 90 days after the date of the notice, or within such longer time deemed reasonable by the manager.
D. 
Repair or replacement required. A property owner shall repair or replace a defective private lateral from the curbline to the building. The property owner shall pay the appropriate fee and obtain a permit from the City before performing the repair or replacement of a defective private lateral. Correction of a defect may include the installation of a sump pit, sump pump and drainage tile.
(1) 
If sewage is exposed on the property in a manner that makes it a potential public health hazard, a property owner must:
(a) 
Stop the discharge of sewage immediately;
(b) 
Remediate the site not later than 24 hours after the owner has notice of the exposed sewage; and
(c) 
Complete all necessary repairs or replacement of a private lateral immediately, but not later than 30 days after the owner has notice of the exposed sewage.
(2) 
person who repairs an existing private lateral or installs a new or rehabilitated private lateral shall perform the repair or installation as prescribed by the sewer utility's sanitary sewer connection standards and the State Plumbing Code.
(3) 
The repair or replacement of the private lateral and the connection of the private lateral to the sanitary sewer shall conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the City. All connections to the sanitary sewer shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the manager before installation.
(4) 
The property owner is responsible for all costs of private lateral repair, replacement, and maintenance from the curbline into the building. The City has the authority to contract for repairs/replacements of laterals in the right-of-way and special assess the cost to the property owner.
(5) 
Generally, the sanitary sewer lateral will be remediated from the main sewer line to the building foundation or the floor drain in the basement. The sanitary sewer lateral between the curb and the main line sewer that is not remediated at the time of the sanitary sewer lateral repair will be replaced as part of a future street or sanitary sewer construction project. The City of Marion will be responsible for the cost of the replacement of the remainder of the lateral in the future when that project is undertaken.
E. 
Repair and replacement inspection and testing requirements.
(1) 
During the replacement of the private lateral, the manager shall:
(a) 
Inspect the private lateral to determine that it complies with the sewer utility's sanitary sewer connection standards and the State Plumbing Code; and
(b) 
Observe the testing ofthe private lateral per current state code.
(2) 
If a private lateral fails the post-repair or post-replacement inspection or test, the property owners shall perform additional repairs, as required by the manager, to correct the defect.
F. 
Sanitary sewer lateral remediation projects. The City recognizes that its public sewer system has a finite life and, in many cases, has exceeded the useful life of the system. The City also recognizes that private building sewers possess many of the same characteristics as the public sewer system. The City will undertake the systematic reconstruction of the public sewer system lying within the corporate limits. As part of this reconstruction, the City will conduct sanitary sewer lateral remediation projects.
(1) 
During a sanitary sewer remediation project, the City shall require that the property owner replace/remediate their private lateral if the lateral is found to be defective. The property owner shall, at the owner's expense, make the necessary repairs to correct the deficiency or deficiencies.
(2) 
The property owner may elect to:
(a) 
Contract with a properly licensed contractor to complete the repair. All work needed to accomplish the repair shall be done at the expense of the property owner.
(b) 
Have the City contractors complete the repair.
(3) 
The City will publicly bid all sanitary sewer lateral remediation projects, and the property owners, if they elect to have the City contractors complete the work, will be special assessed for the project costs per the City's special assessment policy. The sanitary sewer lateral remediation projects may include:
(a) 
Replacement or remediation of defective private laterals.
(b) 
Installation of sump pump/pit and drainage tile where required under applicable law or ordinance.
(4) 
The property owner will be given the option of selecting the sewer lateral remediation option. Options include, but are not limited to, open cut construction, slip lining (six-inch laterals only) or pipe bursting or any other method allowed by state code.
(5) 
A full time on-site inspector will be provided for the replacement/remediation of the sanitary sewer lateral by the City.
(6) 
The sanitary sewer lateral remediation project will include patching of basement floors, if needed. Any other restoration needed in the building and basement shall be the responsibility of the property owners and will not be done as part of the sanitary sewer lateral remediation project.
(7) 
Any and all fences, trees, shrubs, swimming pools, decks, sheds, porches, or other landscaping, paving or structures that will need to be removed in order to facilitate the remediation of the private lateral shall be removed and replaced by the property owner at their expense.
(8) 
Final restoration of the yard will be the responsibility of the property owner. The City contractor will backfill the trench or holes that are dug and rough-grade the top soil. The contractor will not be responsible for final landscaping. It will be the responsibility of the property owner to restore the lawn, pavement or garden areas that are disturbed as part of the sanitary sewer lateral remediation project.
G. 
Sanitary sewer lateral fees.
(1) 
Televising refusal fee. A fee set by the Common Council as part of the annual fee schedule resolution is hereby imposed for connection of sewer laterals against every property connected to the City of Marion sanitary sewerage system, in the utility, which owner refuses to consent to televising of the sewer lateral by the City. This fee will be imposed beginning 30 days after request has been made by the City for permission to televise the owner's sewer lateral. This fee will continue until the property owner consents to televising by the City.
(2) 
Failure to correct fee. A fee set by the Common Council as part of the annual fee schedule resolution is also hereby imposed for connection of sewer laterals against every property connected to the sanitary sewerage system, in the utility, which owner fails to take corrective action upon request by the City to repair sewer laterals leaking freshwater into the sewerage system. This fee will be imposed beginning 30 days following notice by the City to the owner that corrective action is required and has not been completed on schedule, and will continue until corrective action by the owner has been taken.
(3) 
Fee exemptions. The following are the exemptions and procedures from lateral fees:
(a) 
Televising exemption. Upon request by the City of Marion Wastewater Utility to televise a sewer lateral connected to a sewer main, in the utility, the property owner may grant consent to televise the lateral by signing a consent form approved by the City. Upon receipt of such signed consent form, the City is authorized to access the private sewer lateral and adjacent property for purposes of televising the lateral. Owners complying with this section are exempt from the televising refusal fee.
(b) 
Corrective fee exemption. Each owner that repairs all laterals determined by the City to be leaking freshwater into the sewerage system shall be exempt from the failure-to-correct fee beginning at such time that verification of corrective action has been provided by the owner to the City.