[Adopted 8-15-2005 by Ord. No. 2005-06 as §§ 13.30
to 13.50 of the 2005 Code]
[Amended 11-17-2014 by Ord. No. 2014-05]
A.
Common Council. The operation of the Water Utility and Water Department
of the City shall be under the jurisdiction of the Common Council.
B.
Duties of Council. The Common Council shall have entire charge and
management of the waterworks system, together with the sanitary sewer
and storm sewer, and shall supervise the same. The Council shall see
that all officers and employees under its jurisdiction perform their
duties and shall, from time to time, report and recommend any repairs,
additions or improvements it deems necessary.
A.
Reason for limiting extensions of service. The City hereby determines,
pursuant to § 66.0813, Wis. Stats., that it is necessary
to specifically limit the areas the Municipal Water and Sewer Utilities
serves for the following reasons:
[Amended 11-17-2014 by Ord. No. 2014-05]
(1)
To provide adequate fire protection for persons and property within
the corporate limits of the City.
(2)
To protect the public health and safety of the City's residents
without placing an undue financial burden on the City taxpayers.
(3)
To effectively coordinate Water and Sewer Utility operations with
other municipal public works activities.
(4)
To conserve and protect the available water supply.
B.
Area to be served. Pursuant to § 66.0813, Wis. Stats.,
the City may provide water and sewer service to the following:
(1)
All properties located within the corporate limits of the City.
(2)
In unincorporated areas, those specific individual properties as
the same exist as of the original enactment date of this provision
(i.e. June 16, 2003) located in the following specific territories.
(a)
Three Springs Subdivision: residential water service together
with sanitary sewer service provided at 9514 Three Springs Road.
(b)
Orchard Manor Nursing Home water service line: from the City
limits on Highway 61 south to Orchard Manor Nursing Home, including
Addison Acres Subdivision.
[Amended 11-17-2014 by Ord. No. 2014-05]
(c)
County Highway K: from City limits at County Highway K to 10055
County Highway K, including properties on Borah Road, Pine Knob Road
and Old Lane.
[Amended 11-17-2014 by Ord. No. 2014-05]
(e)
South Lancaster Township area: west of McKinley Street and south
of County Highway A.
C.
Limitation on division of use. No division or subdivision of any
existing usage shall be allowed such that a present customer and/or
user of the water and sewer services can add additional users onto
its specific lateral or laterals serving its individual properties.
D.
Right of further limitation reserved. The City reserves the right
to further limit such area by subsequent action.
E.
Certified copy. The Clerk/Treasurer shall transmit a certified copy
of this section to the Public Service Commission of Wisconsin.
F.
Rules governing extended service. Water and water service and sewer service provided to areas described in Subsection B above, but outside the corporate limits of the City, shall be subject to the rules and ordinances governing water and sewer customers inside the City, except that water and sewer shall be provided to applicants living outside the City limits only when such service can be provided without adversely affecting the service inside the City, and only when such service is approved by the Council. As a condition of providing such service, the City shall be granted, in writing, an appropriate easement for access to the property served for purposes of inspection and maintenance.
G.
Application for extending service. Each application for water and water service and sewer service to be provided to areas other than those described in Subsection B above shall be subject to the action of the Council and shall include the applicant's agreement to annex to the City all properties to be provided water and water service and sewer service. Where the Council approves an extension to the distribution system, the Director of Public Works and/or City engineering firm shall approve the plans for the extensions and the applicant shall have the extensions installed at its own expense. Upon annexation, the water and sewer main distribution system and water and sewer service provided for under this subsection shall become the property of the City.
A.
Application for service. Application for City water shall be made
at the office of the City Clerk/Treasurer. Every applicant shall agree
to comply with all rules and regulations of the Water Department.
In case of any violation thereof by a consumer, the water supply furnished
him may be discontinued.
B.
Records. The City Clerk/Treasurer shall keep all papers and records
pertaining to the management of the water works. The records shall
contain the names of all patrons serviced by meters, a description
of premises supplied, collections made and such other items as the
Council may, from time to time, require. The City Clerk/Treasurer
shall see that the provisions of all contracts by or with the City
relating to the waterworks are complied with, and shall credit all
accounts and claims and submit the same to the Common Council with
adequate explanations.
C.
Water waste and fixture maintenance. Consumers shall prevent unnecessary
waste of water and shall keep their sprinklers, pipes, hydrants, faucets,
valves, hose and all apparatus in good condition at their own expense,
excepting ordinary meter maintenance that shall be furnished by the
City. Water at washbasins, water closets, urinals, baths or any other
place shall not be left running for any purpose. The City reserves
the right to shut off the water supply for any violation hereof. During
alarms of fire or while fires are in progress, the use of fountains,
lawn and street sprinklers, etc., is prohibited.
D.
Service pipe and fixture installation. All plumbing work, appurtenances
and fixtures shall be installed in the manner required by the City
Engineer and shall be subject to his inspection and approval. No work
underground shall be covered up until examined by him or his authorized
representative. All service piping shall be installed in accordance
with § PSC 185.52, Wis. Adm. Code, construction standards.
E.
Fires and fire hydrants.
(1)
Connections for fire purposes. Proprietors of factories, lumber yards,
halls, stores, elevators, warehouses, hotels or public buildings,
being regular consumers for City water, who desire to lay large pipes
with hydrants and hose coupling to be used in case of fire, shall
be permitted to connect with the street mains at their own expense,
upon application to the City Engineer and under his supervision, and
shall be allowed the use of the water for fire purposes only, free
of charge. All such pipes must be provided with a suitable valve,
sealed by the City Engineer, and a stop and waste cock attached at
the bottom of the pipes on the inside of the building. If the seal
is broken for the extinguishment of fire, the party shall immediately
give notice to the City Engineer and, if the seal shall have been
broken for any other use, the person so doing shall be in violation
of this section and subject to a penalty as provided in this Municipal
Code. No standpipe will be allowed upon premises where the water is
taken for other than fire purposes.
(2)
Use of hydrants. No person authorized to open hydrants shall delegate
his authority to another or permit any unauthorized person to take
the wrenches or tools from him or from any fire engine or hose house
where the same may be kept, except for purposes strictly connected
with the Fire Department.
F.
Damage to waterworks property. No person shall deface, mark or in
any way damage or meddle with the fire hydrants, valves, gates, standpipe
or other appurtenances or buildings of the waterworks of the City
or attempt to work or operate without authority any of such hydrants,
valves, gates or appurtenances.
A.
Consumers attaching to a main of the Water Utility of the City shall
pay a connection charge per schedule PSC CZ-1 rate (latest edition)
for the connection of 3/4 inch or one inch pipe to such main. In addition,
the consumer shall pay the full cost of the extension from the curb
stop to the building connected.
[Amended 11-17-2014 by Ord. No. 2014-05]
B.
The Water Utility of the City shall extend water mains to a new customer
or consumer in accordance with the following charges and the following
conditions:
[Amended 11-17-2014 by Ord. No. 2014-05]
(1)
When an extension main is required by the prospective customer, the
consumer shall make an application for such an extension in writing
to the Common Council by filing such an application with the City
Clerk/Treasurer.
(2)
After the filing of such an application, the Council shall first
determine if fire protection service is needed in this particular
area. If fire protection service is needed, the Council shall next
determine the size of the main and the logical location of the next
fire hydrant. Where a fire hydrant is required, no extension shall
be made for a distance less than to the next fire hydrant. If no general
fire protection is needed, the Council shall determine the minimum
size and type of water pipe.
(3)
Where pipe of six inches or larger is used for fire protection and
general service, the entire cost of the extension, including the fire
hydrant and street intersections, will be determined and 1/2 of the
total cost allocated to general service. Where no fire protection
is provided, the entire cost shall be allocated to general service.
(4)
The consumer or consumers who request the extension shall pay the
entire cost of the general service. If more than one consumer is involved,
the general service share shall be divided among these consumers.
(5)
After making the determination as to the length, location and size
of pipe used in the extension and prior to the time of making the
charge to the consumer or consumers, the Council shall determine the
benefits to be received by any parcel intended to be served by the
extension. Before making a determination as to benefits received,
the Council shall first divide the area intended to be served into
logical building lots. The Council may consider the recommendations
of the landowner in determining the building lots if the landowner,
as a part of his application, accompanies the application with a proposed
division of the land into lots for sale or use.
(a)
In determining the amount to be paid by the original consumers, if
more than one consumer is involved, the division of the charge shall
be made by considering each building lot owned by one of the original
applicants as a separate consumer. Such payments are to be considered
contributions to construction and, after the original contribution,
in any future connection by a consumer other than a lot owned by a
party making a previous contribution, such consumer shall be required
to pay to the City his pro rata share of the lot or lots owned by
the new attaching consumer in the entire general service extension
cost as if the consumer had been one of the original contributors.
When the City receives a future contribution it shall, after receiving
the money, pay the money to the previous contributors by paying to
each of the previous contributing lots as a separate contributor.
It is hereby provided that the right to reimbursement shall follow
the land and not the contributor, with the reimbursement to go to
the person who is the owner of the receiving lot at the time of the
reimbursement.
(b)
If a contributor owns more than one lot at the time of contribution,
he shall be required to designate one of the lots as the lot entitled
to contribution, and the owner of such a lot, at the time of any contribution,
shall receive the reimbursement for all of the lots owned by the original
contributor at the time of the original contribution. Such lot designation
shall be filed with the City Clerk/Treasurer and may be filed in the
office of the Register of Deeds for Grant County. The owner of such
designated lot may, by filing a corrective designation, change the
designation to another lot owned by him as long as such new lot is
one of the lots to be served by the extension.
(c)
The total amount of reimbursement that any contributor may receive
shall be the total payment made by him less the benefits conferred
upon the lot or lots owned by him at the time of his contribution.
(d)
In addition to the charge made as above provided to each lot, each
connecting consumer shall pay the full cost of the lateral from the
main to his building.
C.
This section shall not apply to extensions that are made to newly
platted subdivisions containing 20 lots or more. For all such extensions,
the Council shall make a determination of the amount to be paid by
the owner of the lots by the procedure set forth in § 60.0703,
Wis. Stats.
D.
The City Clerk/Treasurer shall establish the necessary forms for
administration of this section and set up necessary records within
his office so that an examiner can ascertain the status of any parcel
of land included within any such extension.
E.
No reimbursement of contributions for cost of general service shall
be made after 10 years have expired from the date of the payment of
the first contribution for construction of the particular main in
question. Anyone connecting to a main partially constructed by contributions
from consumers after the expiration of such 10 years shall pay the
specified charges for attaching to an existing main as set forth herein.
A.
Type of pipe; assessment of cost. All water service pipes extending
from the water main to a meter shall be of a quality conforming to
the standards and regulations of the City Water Department. All water
service pipes through the curb stop shall be laid and repaired by
the City.
B.
New water services. All tapping of mains shall be done by the City.
The charge for this service shall be in accordance with schedule PSC
CZ-1 (latest edition), which is incorporated herein by reference,
or the City's actual costs.
A.
Water meter installations. All water furnished by the City shall
be accurately metered by the use of water meters which shall be furnished
by the City. Each water meter shall be installed and connected under
the direction of the City Water Department and in accordance with
its rules and regulations and in accordance with PSC Rules Schedule
X-1.5.
B.
Inspection of meters, pipe and fixtures. All water meters and fixtures,
service pipes, appliances and appurtenances on private premises connected
with the City water system shall be open to inspection by the proper
officials and employees of the City at all reasonable hours. Leaky
service pipes leading to a meter shall be repaired by the consumer
upon notice from the proper City authorities, and if the necessary
repairs are not made promptly, the water supply to the meter shall
be discontinued until the repairs shall be made.
C.
Meter not to be obstructed. All ordinary meter maintenance shall
be furnished by the City, and the owner of any building or premises
where a meter is located shall see that the meter is kept free from
obstruction and is conveniently accessible at all times for purposes
of reading, inspection or repairing. The water supply shall be discontinued
from any meter not so kept and shall not be resumed until this section
is complied with and the cost of discontinuing and resuming the water
supply is paid.
D.
Unauthorized connection or tampering. No person, unless properly
authorized by the Public Works Director, shall connect, remove or
otherwise disturb any water meter or break the seal thereof.
[Amended 11-17-2014 by Ord. No. 2014-05]
[Added 11-17-2014 by Ord.
No. 2014-05[1]]
Rates shall be the current rates set by the Public Service Commission
and on file at the City offices.
[1]
Editor's Note: This ordinance also repealed the following
original sections: § 13.36, Rates for metered water, § 13.37,
Unmetered water, § 13.38, Reconnection of water service,
and § 13.39, Cost of water for public purposes.
The Water Utility is authorized and directed to provide the
means and to proceed with the introduction of approximately one to
1.5 parts of fluoride to every million parts of water being distributed
in the water supply system of the City.
A.
Defined. 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 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.
Prohibited. No person 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 the City,
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 under
§ NR 811.07, Wis. Adm. Code.
C.
Inspections. The Utility shall 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 entry. 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.
Discontinuance. 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 of this section. Water service to such property shall not be restored until the cross-connection has been eliminated in compliance with this section.
F.
Emergency discontinuance. 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. The City adopts by reference the State Plumbing Code,
Ch. SPS 382, Wis. Adm. Code. This section does not supersede the State
Plumbing Code and the City Plumbing Code 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 City of Lancaster, Wisconsin, 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.
[Amended 11-17-2014 by Ord. No. 2014-05]
A well or pump installation which does not comply with the
provisions of Ch. NR 812, Wisconsin Administrative 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
exceedence of the standards of Ch. NR 109 or 140, Wisconsin Administrative
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, Wisconsin Administrative 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, Wisconsin Administrative Code, by
September 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 City
of Lancaster.
E.
Well operation permit. The City of Lancaster Common Council 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 City of Lancaster, 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 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, Wisconsin Administrative 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; 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, Wisconsin Administrative 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 City Engineer for the City of Lancaster, or its agents.
(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 provided in § 355-30. 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.
[Amended 11-17-2014 by Ord. No. 2014-05]
Except as otherwise provided, any person found to be in violation of any provision of this article shall be subject to a penalty as provided in § 1-4 of this Municipal Code.
