[HISTORY: Adopted by the City Council of the City of Fond
du Lac at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
GENERAL REFERENCES
Building, plumbing, heating and electrical standards — See Ch. 255.
Fires and fire prevention — See Ch. 343.
Mobile homes and mobile home parks — See Ch. 460.
Property maintenance — See Ch. 512.
Wastewater collection and treatment systems — See Ch. 639.
Subdivision of land — See Ch. 705.
Zoning — See Ch. 720.
A.
Title. The City owned and operated Water Utility shall be known as
"Fond du Lac Water Utility."
B.
Management and operation. Pursuant to § 66.0805(6), Wis.
Stats., the management and operation of the Fond du Lac Water Utility,
the same being a public utility owned by the City, shall be under
the supervision of the Director of Public Works, who shall hire a
Manager to be in charge of the Utility.
C.
Accounts kept separate. The accounts of the Water Utility shall be
kept separate and distinct from those of all other departments of
the City and shall be in accordance with generally approved bookkeeping
methods and subject to such other regulations as the Wisconsin Public
Service Commission shall prescribe. The accounts of the Water Utility
shall be audited in time and manner similar to that provided for the
audit of City accounts. Disbursements of moneys shall be only as provided
by this Code.
D.
Construction work. Water Utility work may be done without submitting
bids. The laying of water mains, pipes and services together with
the proper trenching may be done by the Water Utility directly without
the submitting of bids or the Utility may choose to publicly bid a
project.
E.
Rates. The City Council shall from time to time by resolution or
ordinance, as it determines, establish rates for water users in the
City and for water users outside the City who are connected with the
system. The rates, rules and regulations shall be established in the
manner provided by law.
F.
Funds. The City Council by resolution may separate the division of
income from the Water Utility into operation, maintenance and depreciation
or any other divisions or classifications as it shall deem necessary
for the operation of the Water Utility. The apportionment may be changed
by resolution of the Council as circumstances may from time to time
require.
It is hereby stipulated, as a condition of the granting of water
supply by the City of Fond du Lac Water Utility, that all persons
now under grant of such water supply, or who may hereafter make application
therefor, shall be considered as having agreed to be bound by the
rules and regulations that are herein or may hereafter be prescribed
and filed with the Public Service Commission of Wisconsin.
[Amended 2-22-2023 by Ord. No. 3765]
No person shall file a claim for damages against the City as
a Water Utility, or any officer thereof, for damages to any pipe,
fixture, or appurtenance by reason of interrupted water supply or
variation of pressure, temperature, or water quality, or for any damage
of any nature whatsoever caused by the turning off or turning on,
either wholly or partially, of the water supply for the extension,
alteration or repair of any water main or premises supply, or for
discontinuance of the premises water supply for the violation of any
rule or regulation of the Fond du Lac Water Utility. No claims will
be allowed against the City on account of the interruption of the
water supply caused by the breaking of pipes or machinery or by stoppage
for repairs, or on account of fire or other emergency. The City does
not assume any liability for injuries to any person or any property
by reason of any defect in said appliances or installation thereof,
or by reason of any inspection or permits authorized herein.
No person, except the Water Utility, shall lay, install, relay,
repair, break open or make connections with any public water main
without applying for and obtaining a permit from the City of Fond
du Lac Water Utility or its authorized representative.
A.
General
connection requirements.
(1)
Each
dwelling or other building within the corporate limits of the City
of Fond du Lac used for human habitation, or other buildings where
human beings are in need of water facilities, which is located upon
or adjacent to any street in and along which public water mains have
been laid, or which has reasonable access to public water main, shall
be connected with an individual connection to said water main.
(2)
The
owner of a multiunit dwelling has the option of having a metered water
supply to each unit from a single connection to the public water system.
The owner, by selecting this option, is required to provide interior
plumbing and meter settings to enable the individual supply to each
unit and also individual disconnection without affecting service to
other units. Each meter and meter connection will be a separate Water
Utility customer for the purpose of the filed rates, rules and regulations.
(3)
No
more than one building shall be supplied from each individual water
service.
(4)
A domestic
water service shall not be used as a supply for a fire protection
system, nor shall a fire protection service be used for domestic purposes
except where a four-inch or larger connection is made to the main.
The domestic water service shall be metered ahead of intended use.
(5)
The
installation of any pipe, valve, or conduit in any manner connected
to the municipal water system so as to result in connection of a private
water supply, sanitary sewer, storm sewer, or any other fluid or substance
which might result in the introduction of a foreign substance into
the municipal water system is prohibited.
B.
Pipe.
[Amended 2-22-2023 by Ord. No. 3765]
(1)
Size.
The water service pipe shall be of sufficient size to furnish water
to the property in the quantities and at the pressure required in
Ch. SPS 382, Wis. Adm. Code. The minimum inside diameter of any service
pipe shall be 3/4 inch.
(2)
Materials.
The water service pipe from the public water main to any property
shall be high-density polyethylene for services ranging from 3/4 inch
to two inches, polyvinyl chloride (PVC), ductile iron, high-density
polyethylene (HDPE) pressure pipe, or other materials approved by
the Utility for services larger than two inches. All materials used
within bounds of or beneath an area subject to easement for highway
or street purposes or public rights-of-way shall be subject to acceptance
by the Utility. Additionally, installation of a tracer wire is required
with all construction materials.
C.
Service
valves.
(1)
Location.
Domestic services shall include an approved valve to be located at
the main, a curb stop or valve between the property line and the street,
and valves inside the building, one on the supply side and one on
the building side of the meter. Fire protection services shall include
an approved valve in the right-of-way and a valve inside the building
followed by an approved check valve.
(2)
Materials.
Domestic curb stop valves for service size of two inches and under
shall be Tyler 6500 Series adjustable screw-type cast iron service
boxes consisting of a lid, top section, extension section, bottom
section and base that are adjustable from 60 to 84 inches. Services
four to 12 inches shall be an approved resilient-seated gate valve
and box. Valves required on fourteen-inch or larger mains shall have
an approved butterfly valve and box.
D.
Connection
to main. Any connection to the main shall be of sufficient size to
furnish water to the property in the quantities and at the pressures
required by Ch. SPS 382, Wis. Adm. Code. All connectors shall be made
with an approved corporation stop, service saddle, tapping water valve
and sleeve, or other approved connection depending on the connection
and main size. Only one tap or connection to the main will be permitted
for each service. Corporation stops shall be the ball valve type.
All fittings for services up to two inches shall be cast brass containing
no more than 0.25% lead. Fittings shall have a uniform wall thickness
and strength and be free of defects. Service saddles shall be used
on all one-and-one-half-inch and two-inch services and shall be stainless
steel strap type. Insulation used for frost protection shall be expanded
or extruded polystyrene foam insulation with a minimum thickness of
two inches with a minimum R value of 8.7 and have a minimum compressive
strength of 40 psi.
[Amended 2-22-2023 by Ord. No. 3765]
E.
Construction.
(1)
General.
To prevent highly chlorinated water from entering the service pipe,
services shall only be connected to the new water main after final
flushing has been completed and a safe bacteriological sample has
been obtained. The minimum size of water services shall be 3/4 inch,
unless otherwise noted and approved. A copper or polyethylene water
service shall consist of a corporation stop, service saddle if required,
service pipe (polyethylene wrapped for copper pipe; tracer wire with
polyethylene pipe), and a curb stop with box. The corporation stop
and curb stop shall be the same size as the service pipe. The service
pipe will extend from the corporation stop to the curb stop without
additional joints or couplings.
(2)
Bedding.
Unless otherwise approved, water services shall have Class B bedding.
(3)
Alignment
and grade. Unless otherwise approved, the service pipe shall be constructed
at a right angle to the roadway or parallel to the sanitary sewer
lateral. New water services shall be constructed with a minimum cover
of 6.5 feet and a minimum of two feet vertical separation between
any storm sewer. Curb stops shall be placed at a depth between six
and seven feet below established or proposed grade. Where 6.5 feet
of cover or the two-foot vertical separation from a storm sewer cannot
be maintained, the water service shall be insulated.
(4)
Testing.
The water service installation shall be tested for leaks prior to
the placement of backfill and before the curb box is installed. The
corporation stop at the water main shall be turned on and the curb
stop opened until full flow of water is obtained. The cub stop shall
then be turned off and all joints and couplings checked for leaks.
Upon acceptance of the service piping, the remainder of the installation
work shall be completed.
F.
Inspection.
No plumber shall cover or permit the covering of any water service
line until the installation has been inspected and approved by a representative
of the Fond du Lac Water Utility.[1]
[1]
Editor's Note: Former Subsection G, Private lead water service
line replacement, added 2-8-2017 by Ord. No. 3629, as amended, which
immediately followed this subsection, was repealed 6-10-2020 by Ord.
No. 3712.
All fire protection services shall conform to § 642-5 of these rules. All fire service systems, including fire sprinklers, shall be installed in accordance with the National Fire Codes. A check valve shall be installed on all fire services after the shutoff valve, inside the building wall and ahead of all fire hose connections. When fire services are laid to a building, the service shall be turned on only by the Water Utility after the fire protection system is inspected and approved.
No person shall lay any water service pipe or make any attachment
to any old pipe or fixture which has been shut off by the Water Utility
or make any new connection to the water main pipes or do any kind
of plumbing work in or about any water pipe or fixture belonging to
the Water Utility without written permission from the Water Utility
for that purpose.
A.
All water
services from the point of maintenance by the Water Utility to and
throughout the premises must be maintained free of defective conditions
by and at the expense of the owner or occupant of the property.
B.
If the
property owner fails to repair an existing leak or broken service
pipe between the curb stop and the point of metering within such time
as may appear reasonable to the Utility after notification, the water
will be shut off, and remain off, until the repair is made.
C.
When any
water service is to be relayed and there are two or more buildings
on such service, each building shall be disconnected from such service
and a new service shall be installed for each building.
D.
Frozen water service lines. The City will comply with the Wisconsin
Public Service Commission regulations regarding frozen water service.
Additionally, the City of Fond du Lac Water Utility requires that
all properties served by the City of Fond du Lac Water Utility shall
take reasonable precautions to prevent the water service from freezing.
[Added 5-28-2014 by Ord.
No. 3548]
E.
Protection from freezing.
[Added 5-28-2014 by Ord.
No. 3548]
(1)
When extended cold weather increases the risk of water main or service
line freezing, the City may authorize or request certain water users
to let water run in order to minimize such risk. The City shall maintain
records of such users. When so authorized, the water and sewer charges
on the customer's bill will be adjusted to reflect historic usage.
(2)
Water users who have reason to believe that their service is in danger
of freezing may contact the Utility for authorization to let the water
run as noted above.
(3)
No adjustment of billing will be made for water left running to prevent
freezing of pipes other than the water service line (e.g., interior
plumbing).
[Amended 2-22-2023 by Ord. No. 3765]
A.
The original
installation of service pipes, including all excavation, materials
and the connecting of such service pipes with the main and all related
street and public land replacement and repair, shall be at the expense
of the property owner.
B.
The expense
of laying new service pipes from the main through the curb stop in
advance of street construction or rehabilitation shall be at no cost
to the property owner. Upon proper installation, inspection and approval,
all services from the main through the curb stop become the property
of the Water Utility and shall be maintained by the Water Utility.
Where an existing service must be re-laid from the main to the curb
stop by the Water Utility because of its condition and the owner wants
an increase in size of service pipe, the owner shall pay for all cost
over and above the cost of replacing the original size of service,
including the cost of disconnecting and removing the old tap. Any
time an existing service is re-laid for the purpose of increasing
its size and a new and larger tap is made to the main, all existing
service pipes that are to be discontinued shall be disconnected and
the main taps removed and properly plugged.
A.
Location.
Each service pipe by means of which water is delivered by the Water
Utility to a consumer (except such service pipes used solely for fire
protection) shall be connected to an adequately sized meter to accurately
measure the amount of water delivered through such pipe. It shall
be the duty of the owner of any premises to provide a location for
the water meter and to maintain such location and passageway thereto
clean and sanitary and free from any obstructions or any condition
of a hazardous nature. Water meters shall not be located below any
stairway, landing, or platform unless there is provided a space not
less than four feet above the center line of the water meter supply
line. No connection for water meters shall be installed in any location
not easily accessible or which is, or may be, unclean, unsanitary
or in any manner hazardous to Water Utility employees in the discharge
of their duties. No meter shall be placed in any pit or manhole without
special permission from the Utility or its duly authorized representative.
B.
Installation.
(1)
All
meters shall be installed in a horizontal setting, where the service
pipe enters the building wall or rises through the floor, and shall
be provided with two gate or other full way valves, one on the supply
side and one on the building side of the meter setting.
(2)
For
all meters of 1 1/2 inches or less in size, the piping for the
meter shall allow for a slight horizontal adjustment between the tail
pieces of the meter and shall be so installed that the bottom of the
meter will be not less than 12 inches and not more than 30 inches
above the adjacent floor level.
(3)
All
meters two inches or larger in size shall be supported by a steel
or concrete stand to be furnished by the owner. The meter shall be
set a minimum clear distance away from any wall or immovable object
as follows: two-inch meter: 12 inches; three-inch meter and larger:
14 inches. The bottom of the meter shall be set not less than 18 inches
and not more than 36 inches above the adjacent floor level.
(4)
All
meters 1 1/2 inches or larger in size shall have a bypass, with
a sealed valve, installed around the meter setting and sized as required
by the State Plumbing Code.
(5)
Whenever
a water service pipe is extended to the property beyond the curb stop
and properly flushed and tested, a water meter shall be installed
immediately. The plumbing shall be so arranged that no water can be
taken or supplied to the building and fixtures for which the meter
was intended unless it will pass through and be registered by such
meter. Licensed plumbers or their employees shall not leave turned
on after the completion of work any water supply not protected by
a meter, nor shall any licensed plumber or employee turn on, except
for testing, any supply previously turned off by the Water Utility.
(6)
The
plumbers who make the service extension shall give the Water Utility
at least 24 hours' notice of the time when the piping will be ready
for the meter. All meters shall be sealed by the Water Utility, and
the seals may be broken only by the Water Utility or when authorized
by the Water Utility.
(7)
In
no case shall a pipe coupling be inserted in the line in place of
a meter unless authorized by the Water Utility. Any person violating
this provision will be required to pay an amount equal to the amount
of damage sustained by the Water Utility, by reason of loss or damage
to the meter, and loss of revenue due to smaller registration of the
meter. If the violator is a consumer, the water will be shut off and
will remain so until the proper amount is paid. If the violator is
a plumber, no further applications will be considered until the proper
amount is paid.
C.
Maintenance.
All water meters will be maintained by the Water Utility in the manner
required by the Public Service Commission of Wisconsin. However, once
delivered and installed, the owner of the premises shall be liable
for all repairs made necessary by freezing, hot water backup, damage
or negligence on the part of his contractor, himself, family or tenants,
and the cost of repairs shall be collected in the same manner as water
bills.
D.
Water
meter removal.
(1)
Meters
shall be left in the condition and manner as set by the Water Utility
and shall not be interfered with in any manner whatsoever. No meter
shall be moved or disturbed without special permission from the Water
Utility except that the property owner may order the water shut off
and the meter removed if the building is to be vacant.
(2)
When
premises are to be vacated, moved or torn down the Water Utility shall
be notified at once so that it may remove the meter and shut off the
supply at the curb stop. The owner of the premises shall be liable
to prosecution for any damage to Utility property by reason of failure
to notify the Water Utility of need to discontinue service.
E.
Tampering
with water meter. When the Water Utility has reasonable evidence that
a consumer is obtaining water supply, in whole or in part, by means
of devices or methods used to stop or to interfere with the proper
metering of the water service being delivered to his system, the Water
Utility reserves the right to estimate and present a bill for the
water service unmetered as a result of such interference, and such
bill shall be payable subject to a twenty-four-hour notice of disconnection.
If the Water Utility disconnects the consumer for any such reason,
it will reconnect the consumer only after any and all damages to its
equipment due to such stoppage or interference with metering are paid
to the Water Utility and the consumer agrees to comply with the requirements
of the Water Utility.
A.
The owner
or occupant of premises receiving water shall apply and maintain suitable
means of protection of the premises supply, and the 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.
There shall likewise be provided means for the prevention of the transmission
of water hammer, or noise of operation of any motor, valve or appliance,
through the water piping of his own or adjacent premises into the
water distribution system.
B.
Any installation
which tends to generate water hammer pressures shall install an approved
shock arrestor to prevent water hammer waves from getting back into
the water distribution system or damaging the water meter. All water
supply lines to water or steam boilers shall comply with Ch. SPS 382,
Wis. Adm. Code, in regards to backflow prevention and valving.
It shall be considered a condition of the granting of water
supply from the Water Utility that the owner or occupant of any or
all premises receiving such water supply shall grant any authorized
representative of the Water Utility free access to the premises, or
any part thereof, during reasonable hours of the day, for the inspection
of the piping, water meter, or appurtenances for the distribution
and control of the water supply, or of the use of such supply, or
for the installation, removal, repair, or reading of any water meter
or the inspection of the location thereof. Any person who refuses
entry on receipt of a notification of the purpose of the entry shall
be subject to the penalties provided herein. Owners and tenants shall
make arrangements with the Water Utility to gain entrance to read
or repair water meters when buildings are unoccupied.
A.
It shall
be unlawful for any person to willfully pollute or contaminate any
water supplied by the waterworks system in any reservoir or pipe used
in the waterworks system for holding, conveying or distributing water.
B.
It shall
be unlawful for any person to in any way obstruct access to any fire
hydrant, valve or corporation box connected with the City water pipes
by placing or planting any building materials, rubbish, bushes, trees
or other hindrances thereon or therein. The consumer shall protect
the stop box in his terrace or boulevard and shall keep the same free
from dirt and other obstructions.
C.
No person,
except those specifically authorized, shall operate any valve or fire
hydrant or other equipment that is part of, or connected to, the public
water system.
D.
No unauthorized
person shall tamper with, damage, deface or interfere with the works,
pipes, hydrants, barricades or other property of the Water Utility,
and no person shall throw or shoot any missile at a City water tank.
No person shall climb upon the same or ladder leading thereto unless
authorized by the Water Utility.
A.
The Water
Utility shall have the right of recovery from all persons of any expense
incurred by said Utility for the repair or replacement of any water
service pipe, water meter, curb stop, valve, valve box, hydrant or
other Utility equipment damaged in any manner by any person during
the performance of any work under his control or by any negligent
act.
B.
Owners
or operators of motor vehicles will be held liable for the cost of
repair of any hydrant damaged by them, and the Water Utility will
not be responsible for the damage due the motor vehicle by reason
of such accident.
The City and all of its various departments, except the Water
Utility, shall pay to the Water Utility the reasonable cost and value
of any service rendered by the Water Utility, and the City shall pay
to the Water Utility an annual maintenance charge for hydrants in
such amount as the Council shall by separate resolution determine.
A.
To provide adequate fire protection for persons and property within
the City and ensure protection of the public health and safety of
the residents of the City without placing an undue financial burden
upon the City taxpayers, and to effectively coordinate Water Utility
operations with other public works activities, and for the purpose
of conserving the available water supply, it is hereby determined
that it is necessary to specifically limit the territory in unincorporated
areas which the municipal Water Utility holds itself out to serve.
B.
Pursuant to § 66.0813(3), Wis. Stats., the City acts to
restrict its holding out to provide water service in unincorporated
areas.
C.
The City reserves the right to further limit the area by subsequent
action.
D.
The City Clerk shall transmit a certified copy of this section to
the Public Service Commission of Wisconsin.
E.
The extension and furnishing of water and water service outside the
corporate limits of the City shall be subject to the rules and regulations
governing water takers inside the City, with the following exception:
the water rate will be the urban general service rate plus a surcharge
of 25% or any other rate as may be fixed by the Wisconsin Public Service
Commission.
A.
The Fond
du Lac Water Utility provides water as a public utility under Ch.
196, Wis. Stats., and the rates and regulations of the Utility are
developed and ordered by the Public Service Commission of the State
of Wisconsin as authorized under §§ 196.03, 196.20
and 196.37, Wis. Stats., and any amendments or modifications thereto.
The rates and regulations of the Fond du Lac Water Utility in effect
at any time are the authorized rates and regulations on file with
the Public Service Commission, and copies of these rates and regulations
are available in all office and stations of the Fond du Lac Water
Utility.
B.
Customers
of the Fond du Lac Water Utility, a water public utility, are informed
of new rates as they become effective as required by § PSC
185.33(1), Wis. Adm. Code.
A.
Purpose.
The purpose of this section is to provide the authority to levy assessments
upon property for payment for the construction, reconstruction or
improvement of water mains or other additions to the water system
in undeveloped areas within the City and newly annexed areas to the
City in a fair and equitable manner as prescribed by the governing
body of the City.
B.
Procedures.
In authorizing the Water Utility to finance improvements to the water
system through special assessments, the City, by reference, incorporates
the procedures as contained in the Wisconsin Statutes, including any
amendments thereto.
C.
Determination
of assessment cost. The City may levy and collect special assessments
upon property in the determinable area for the special benefits conferred
upon such property with the improvements to the water system in a
fair and equitable manner and may provide for the payment of all or
any part of the cost of the work or improvement out of the proceeds
of such assessments. The cost of such work or improvement may include,
but shall not be limited to, all construction costs, including rock
removal and supplementary bedding, dewatering, and survey, inspection
and engineering costs, if applicable and so authorized.
(1)
An assessment rate will be established by the Council in an amount to offset all or any part of the cost of such work or improvement. Said rate shall be assessed to the abutting property owners according to the frontages in Subsection D, Determination of assessable frontage. Residential areas shall be assessed for the cost of installation of six-inch diameter water main and nonresidential areas for the cost of installation of eight-inch water main, with excess cost for installing larger mains to be borne by the Water Utility.
(2)
If, prior to the improvement of a street by the installation of curb, gutter, pavement or other permanent surfacing, or when ordered by the Director of Public Works or his/her designee, service laterals are extended from the water main through the curb stop by City forces or by public contract, the cost of such installation shall be borne totally by the property served. Payment for such installation shall be made as outlined in Subsection E, Assessment payment, of this section.
D.
Determination
of assessable frontage.
(1)
FRONTAGE
SIDE FRONTAGE
REAR FRONTAGE
Definitions.
As used in this subsection, the following terms shall have the meanings
indicated:
That portion of a lot or parcel of land which lies immediately
adjacent to a public street or public alley. On corner lots or parcels,
frontage is considered to be the short side facing a public street.
On corner lots or parcels, side frontage is considered to
be the long side facing a public street or public alley.
On lots or parcels having frontage on two public streets
or on a public street and public alley, rear frontage is considered
to be the side facing the street or alley at the rear of the lot,
house or future structure.
(2)
Determination
of individual lot or parcel assessment.
(a)
Assess full frontage (short side on corner lots or parcels), minimum
assessable frontage on any lot or parcel being 60 feet.
(b)
Assess that side frontage on corner lots or parcels over and above
120 feet when lot or parcel is served on both sides.
(c)
Exempt rear frontage on lots or parcels having double frontage which
are served on both frontages, except if the lots or parcels are large
enough for potential division in accordance with all applicable laws.
(d)
When water mains are installed along the side frontage (long side)
of a corner lot or parcel first, assess full frontage together with
the side frontage subject to the above one-hundred-twenty-foot exemption.
E.
Assessment
payment. Special assessments for the improvements provided for in
this section may be paid in equal annual installments together with
interest at the rates determined by the Common Council, uniform with
other City special assessments.
F.
Liens
on property. Any special assessment levied under this section shall
be a lien against the property assessed from the date of the final
resolution of the Council determining the amount of the levy.
The Water Utility is directed to add fluoride to the water supply
system of the City of Fond du Lac in a manner prescribed by the Department
of Natural Resources of the State of Wisconsin to attain a fluoride
concentration of approximately 0.7 part per million.
A.
General policy.
(1)
Purpose. The purpose of this section is:
(a)
To protect the health and welfare of users of the public potable
water supply of the City of Fond du Lac from the possibility of contamination
or pollution of the potable water system under the direct authority
of the City of Fond du Lac Water Utility.
(b)
To promote the control and/or elimination of existing cross-connections
(actual or potential) between the customer's potable water system(s)
and other environment(s) containing substance(s) which may contaminate
or pollute the water supply.
(c)
To provide for the maintenance of a continuing comprehensive
program of cross-connection control which will systematically and
effectively prevent the contamination or pollution of all potable
water systems under the direct authority of the City of Fond du Lac
Public Water Utility.
(2)
BACKFLOW
BACKFLOW PREVENTION
BACKPRESSURE
BACKSIPHONAGE
CROSS-CONNECTION
CROSS-CONNECTION CONTROL MANUAL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The undesirable flow of water or mixtures of water and other
liquids, solids, gases or other substances under positive or reduced
pressure into the City of Fond du Lac Water Utility potable supply
of water from any source.
A means designed to prevent backflow caused by backpressure
or backsiphonage; most commonly categorized as air gap, reduced pressure
principle backflow assembly, double check valve assembly, pressure
vacuum breaker assembly, backsiphonage backflow vacuum breaker (spill-resistant
pressure vacuum breaker) assembly, pipe applied atmospheric vacuum
breaker, flush tank ballcock, laboratory faucet backflow preventer,
backflow preventer for carbonated beverage machine, vacuum breaker
wall hydrants (freeze-resistant automatic draining type), chemical
dispensing machine, hose connection vacuum breaker, hose connection
backflow preventer, backflow preventer with intermediate atmospheric
vent and barometric loop.
An elevation of pressure in the downstream piping system
(i.e., pump, elevation of piping, or steam and/or air pressure) above
the Utility supply pressure which would cause or tend a reversal of
the normal direction of flow.
The flow of water or other liquids, mixtures or substances
into the Utility's potable water system from any source caused by
the sudden reduction of pressure in the Utility's potable water supply
system.
Any physical connection or arrangement between two otherwise
separate systems, one of which contains potable water from the Utility,
and the other containing 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.
Policies and procedures for cross-connection control and
backflow prevention for the City of Fond du Lac.
B.
Cross-connection 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 public
water supply of the Utility, may enter the supply or distribution
system of the Utility unless such private, auxiliary or emergency
water supply and the method of connection and use of such supply have
been approved by the Utility and the Wisconsin Department of Natural
Resources.
C.
Responsibility. The City of Fond du Lac Water Utility is responsible
for the protection of the public potable water distribution system
from contamination or pollution due to backflow of contaminants or
pollutants. The Utility shall charge fees according to the Utility's
Cross-Connection Control Manual for maintaining and administering
a comprehensive cross-connection control protection plan.
D.
Owner responsibility. The property owner shall be responsible for
the protection of the customer's potable water system. The responsibilities
include the elimination of or protection from all cross-connections
on his premises. The owner shall, at his own expense, install, maintain
and test any and all backflow preventers on his premises in compliance
with the requirements of §§ SPS 382.21 and 382.22(8),
Wis. Adm. Code, and the Utility's Cross-Connection Control Manual.
The property owner shall correct any malfunction revealed by periodic
testing of any backflow preventer on his premises. The property owner
shall inform the Utility of any proposed or modified cross-connections
and also any existing cross-connections that are not protected by
an approved backflow prevention means. The property owner shall not
install a bypass around any backflow preventer unless there is a backflow
preventer of the same type in the bypass. Property owners who cannot
shut down operation for testing of the backflow prevention assembly
must supply additional assemblies necessary to allow testing and maintenance
to take place. In the event the property owner installs potable water
using fixtures, equipment or appurtenances upstream of a backflow
preventer, such must have its own approved backflow prevention means.
The property owner is required to follow the protection practices
described in the American Water Works Association publication AWWA
M-14 titled "Recommended Backflow Prevention and Cross-Connection
Control," United States Environmental Protection Agency publication
titled "Cross-Connection Control Manual," Chs. SPS 382 to 384, Wis.
Adm. Code, and the Utility's Cross-Connection Control Manual, unless
the Utility requires or authorizes other means of protecting the potable
water supply system. These requirements or authorizations will be
at the discretion of the Utility.
E.
Inspections. It shall be the duty of the Utility to cause surveys
to be made of all properties serviced by the Utility where cross-connection
with the public water system is deemed possible.
[Amended 2-22-2023 by Ord. No. 3765]
(1)
Residential
properties serviced by the Utility shall be surveyed on a ten-year
interval. The Utility may, but is not required to, perform the cross-connection
survey of the customer's property. If, in the opinion of the Utility,
the Utility is not able to perform the survey, the property owner
must, at his own expense, have the water system piping surveyed for
cross-connections by a person who has been properly trained in accordance
with the American Society of Sanitary Engineers (ASSE) Standard Number
5120 as a cross-connection control surveyor. The qualified person
performing the survey shall not be the owner of the property and must
use a form supplied by the Utility.
(2)
All
nonresidential properties serviced by the Utility shall be surveyed
on an interval not exceeding two years. The Utility may, but is not
required to, perform the cross-connection control survey of the customer's
property. If, in the opinion of the Utility, the Utility is not able
to perform the survey, the property owner must, at his own expense,
have the water piping system surveyed for cross-connections by a person
who has been properly trained in accordance with the American Society
of Sanitary Engineers (ASSE) Standard Number 5120 as a cross-connection
control surveyor. The qualified person performing the survey shall
not be the owner of the property or the tenant and must use a form
supplied by the Utility.
F.
Right of entry. Upon presentation of credentials, representatives
of the Utility shall have the right to request entry at any reasonable
time to examine property served by a connection to the public potable
water system of the Utility for cross-connections. If entry is refused,
such representatives shall obtain a special inspection warrant under
§ 66.0119, Wis. Stats. The Utility shall charge the property
owner a per day fee according to the Utility's Cross-Connection Control
Manual for refusal to allow entry to examine any property. Upon request,
the owner, lessee or occupant of any property served shall furnish
to the inspection agency any pertinent information regarding the piping
system on such property.
G.
Authority to discontinue 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 deemed necessary to eliminate any damage of contamination of the potable water system. Water service shall be discontinued if the means of backflow prevention required by the Utility is not installed, tested, maintained and/or repaired in compliance with this section, Chs. SPS 382 to 384, Wis. Adm. Code, and the Utility's Cross-Connection Control Manual, or if it is found that the means of backflow prevention required by this section has been removed or bypassed. Water service shall be discontinued only after reasonable notice and opportunity for hearing under Ch. 68, Wis. Stats., except as provided in Subsection I of this section.
H.
Reconnection of service. Water service to any property disconnected
under provisions of this section shall not be restored until the cross-connection
has been eliminated or a backflow prevention means approved by the
Utility has been installed in compliance with the provisions of this
section.
I.
Emergency discontinuance of service. If it is determined by the Utility
that a cross-connection or an emergency endangers public health safety
or welfare and requires immediate action, service may be immediately
discontinued. The owner, lessee or occupant shall have an opportunity
for hearing under Ch. 68, Wis. Stats., within 10 days of such emergency
discontinuance. Such hearing shall be before the City of Fond du Lac
City Council and shall conform to all existing due process requirements.
J.
Additional protection. In the case of premises having cross-connections
that cannot be permanently corrected or controlled or intricate plumbing
and piping arrangements or where entry to all portions of the premises
is not readily accessible for surveying purposes, making it impractical
or impossible to ascertain whether or not dangerous cross-connections
exist, the public water supply system shall be protected in the service
line. In the case of any premises where there is any material dangerous
to health that is handled in such a manner that, in the opinion of
the Utility, could create an actual or potential hazard to the public
water supply system, an approved air gap separation or an approved
reduced pressure principle backflow assembly shall be in place to
protect the public water supply system. Examples of premises where
these conditions will exist include premises with auxiliary water
supplies either interconnected or not interconnected with the public
water supply system, premises where inspection is restricted, hospitals,
mortuaries, clinics, laboratories, piers, docks, and other waterfront
facilities, sewage treatment plants, sewage lift stations, food and
beverage facilities, processing plants, chemical plants using a water
process, metal processing plants or nuclear reactors, car washing
facilities and premises with reclaimed water systems. In the case
of any presence of toxic substances, the Utility may require an approved
air gap or reduced pressure principle backflow assembly at the service
connection to protect the public water supply system. This requirement
will be at the discretion of the Utility.
K.
Public water supplies. This section does not supersede Ch. NR 811,
Wis. Adm. Code, but is supplementary to it.
No person shall violate any emergency water usage rule issued pursuant to the regulations of the Water Utility. Any person found guilty of violating this section shall be subject to a penalty as provided in § 1-4 of this Code.
A.
AIR-CONDITIONING SYSTEM
AIR-CONDITIONING SYSTEM AND REFRIGERATION SYSTEM
REFRIGERATION SYSTEM
SYSTEM
WATER OPERATIONS MANAGER
Definitions. Terms used in this section have the following meanings:
An installation for maintenance, by heat removal, of temperatures
which are not less than 60° F.
Any combination of equipment, whether compressor or other
type, by which heat is removed from the air and from which the accumulated
or effluent heat is wholly or partially removed by the use of water.
An installation for maintenance, by heat removal, of temperatures
which are less than 60° F.
Any combination of apparatus, individual unit, group or collection
of units supplied with water through any single customer service pipe
connected to the public water system.
The chief officer of the City Water Utility or such officer
or agent as he shall authorize to act in enforcement of these regulations.
B.
Permit required. No person shall install, operate or use any equipment
for air conditioning or refrigeration which requires a supply of water
from the system of the Water Utility without first having procured
a written permit from the Water Operations Manager.
C.
Application for permit.
(1)
Application for permit shall be made to the Water Operations Manager
and shall provide the following information:
(a)
Name and address of the applicant.
(b)
Location of the premises where installation is proposed.
(c)
Name and address of the owner of the premises.
(d)
Names of manufacturers of units requiring water.
(e)
Manufacturer's identification and classification of the refrigeration
units.
(f)
Manufacturer's rating of maximum refrigerative capacity of the
unit or units under the conditions of the planned installation. (Rating
may be stated in tons per 24 hours or in BTU per hour.)
(g)
Horsepower of compressor prime mover, if unit is of compressor
type.
(h)
Where water conservation devices are required, the manufacturer's
name, identification, classification and size of the conservation
equipment.
(i)
Such additional information as shall be required by the Water
Operations Manager.
(2)
Applications shall be signed by the owner or tenant, and applications
for installation shall designate a plumber qualified to receive permits
under other sections of this Code. For the purpose of this section,
in no event shall the rated capacity in tons be considered less than
the following:
(3)
In the absence of the required manufacturer's maximum rating, the Water Operations Manager may specify the tonnage of the installation at the ratings indicated by Subsection C(2)(a), (b) or (c) above, or if these appear inadequate, then by whatever other measure of capacity that appears to him to be proper.
D.
Permit to install. Permits to install piping or connect equipment
will be issued by the City Water Utility, but only in the name of
licensed and bonded plumbers who are registered to perform plumbing
work within the area of the premises involved, or to plumbers in the
employ of the municipal, state or federal governments for premises
in their respective charge. All air-conditioning and refrigeration
units shall be connected to storm sewers wherever possible instead
of sanitary sewers. Within 48 hours following the completion of any
work authorized by permit, notice of completion and request for inspection
shall be returned, in writing, by the plumber receiving the permit
to the office from which the permit was obtained. Inspection shall
be as provided by this section.
E.
Permit to operate. After final inspection and approval of the installation
a permit to operate or use the equipment will be issued at the Water
Utility, in the name of the owner or tenant. The permit shall be on
an annual basis and automatically renewed without making application
therefor but may be subject to revocation by action of the City Council
pursuant to this section. All refrigeration units that are in excess
of three tons of refrigeration per twenty-four-hour period must have
a permit to operate.
F.
Water use and conservation.
(1)
Systems with a capacity of three tons or less per 24 hours will be
permitted to operate subject to the following conditions:
(a)
That the use of water shall not exceed 1 1/2 gallons per
minute per ton of refrigeration.
(2)
All systems having total capacities of more than three tons per 24
hours shall be equipped with evaporative condensers, cooling towers,
spray ponds or other water cooling equipment and the water cooling
equipment shall be of sufficient capacity to ensure that the quantity
of makeup water required will not exceed 0.15 gallon per minute per
ton of refrigeration when operating under full loading at maximum
summer temperatures.
G.
Sanitary protection. On installations which operate with the use
of water directly from the public supply system, every direct connection
shall be equipped with a suitable brass body, brass-fitted check valve
installed in the branch supply line of each unit. Standard meter couplings
shall be installed on the branch water supply line to each air-conditioning
or refrigeration system to permit the measurement, when necessary,
of the amount of water consumed by the system. Discharge connections
for the disposal of wastewaters shall be in strict accordance with
the applicable rules and regulations of state and local health and
regulatory bodies. Cooling waters which are to be reused for other
purposes shall be provided with free, above-the-rim discharge before
entering other equipment; otherwise, permission shall be obtained,
in writing, from the Water Operations Manager approving the proposed
connections and use. On installations other than those described above,
there shall be a physical break between the public water supply piping
and the piping of the installation so arranged as to make impossible
backsiphonage to the public water supply system.
H.
Revocation of permit. Any permit which is issued under these regulations
to operate or use equipment may be revoked by the City Council for
any one of the following reasons:
(1)
Failure of the holder of the permit to discontinue using water for
the purposes covered by the permit immediately upon notice issued
by the Water Operations Manager after there has been a declaration
by the Council declaring an emergency or such declaration to forestall
an impending emergency. The notice shall be mailed by the Water Operations
Manager or served in the usual manner for service of process.
I.
Effective dates. For new installations, these regulations shall be
effective 15 days after adoption. Publications shall be made in accordance
with provisions of any applicable laws, acts, opinions, ordinances
or regulations. Existing installations shall be modified to conform
to the provisions of these regulations; applications to operate shall
be filed and permits shall be obtained.
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 or noncomplying private wells, or private wells which may serve
as conduits for contamination, or wells which may be illegally cross-connected
to the City water system, are properly abandoned.
B.
Connection
to public water system. Within one year of annexation to the City
of Fond du Lac, any property having dwellings or other buildings used
for human habitation, or other buildings where human beings are in
need of water facilities, which is located upon or adjacent to any
street in and along which public water mains have been laid, or which
has reasonable access to a public water main, shall reconfigure plumbing
so that the building is no longer able to draw from a previously used
private well and instead be connected with an individual connection
to the public water system for all water used domestically within
the property. A preexisting private well may continue to be utilized
for outdoor use, provided that there are no cross-connections to the
public system.
C.
Applicability.
This section applies to all private wells located on premises served
by the City of Fond du Lac municipal water system.
D.
NONCOMPLYING
PUMP INSTALLATION
UNSAFE
UNUSED
WELL
WELL ABANDONMENT
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
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 809, 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.
E.
Abandonment
required. All private water supply wells or pump installations which
are not currently used for outdoor use or found to be in noncompliance
with Ch. NR 812, Wis. Adm. Code, or wells which test unsafe, shall
be abandoned in accordance with Ch. NR 812, Wis. Adm. Code.
F.
Well operation
permit. The Water Utility may grant a permit to allow retention of
private water supply systems which are found to be safe and in compliance
with Ch. NR 812, Wis. Adm. Code, and as subsequently amended, with
the limitation that the owner shall demonstrate a need in addition
to water provided by the public water system for continued current
use. The following conditions must be met for issuance or renewal
of any well operation permit:
[Amended 2-22-2023 by Ord. No. 3765]
(1)
Bacteriological sampling, consisting of obtaining a minimum of one
safe sample within six months prior to issuing or reissuing the permit
which establishes that the water is safe for human consumption. These
test results shall accompany the application.
(2)
No physical or cross-connections, including a connection made with
an approved backflow prevention device, shall exist between the piping
of the public water system and the private well.
(3)
The private well and pump installation must meet the requirements
of Ch. NR 812, Wis. Adm. Code and any amendments thereto. A well compliance
report on DNR form 3300-305 signed by a licensed well and pump installer
which is dated within the last 10 years, in accordance with NR 810.16(2)(b),
Wis. Adm. Code, must accompany the application and provide that the
well meets the requirements of Ch. NR 812, Wis. Adm. Code and any
amendments thereto.
(4)
The well has a history of producing safe water and presently produces
bacteriologically safe water, as evidenced from laboratory tests by
a laboratory certified by the State of Wisconsin.
(5)
The applicant agrees that the permit shall be valid for a period
of no more than two years, which permit may be renewed unless otherwise
revoked because of contaminates, no longer produces water or any reason
in which the water is not safe for human consumption and fails to
comply with Ch. NR 812, Wis. Adm. Code, and any amendments thereto,
or the owner fails to demonstrate a need.
(6)
Any well found to be unsafe or not in compliance with Ch. NR 812,
Wis. Adm. Code, and any amendments thereto shall be abandoned in accordance
with the procedures and methods set forth in Ch. NR 812, Wis. Adm.
Code.
G.
Abandonment
procedures.
(1)
All
private wells abandoned under this section shall be abandoned according
to the procedures and methods of Ch. NR 112, 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 Water Utility
at least 48 hours prior to commencement of any well abandonment activities.
The abandonment of the well may be observed by the Water Utility or
its agent.
(3)
An
abandonment report form, supplied by the Department of Natural Resources,
shall be submitted by the well owner to the Water Utility and the
Department of Natural Resources within 10 days of the completion of
the well abandonment.
H.
Permit
and inspection fee. The Water Utility may charge a reasonable fee
for a permit to allow retention of a private water supply system as
well as a reasonable fee for inspection of the abandonment of any
well.
I.
Section 642-23B of this chapter will not apply to the private wells constructed at 325 Tompkins Street, Fond du Lac, Wisconsin, as they existed on January 1, 2021, so long as Property Owner, Milk Specialties, has obtained and is in compliance with all Wisconsin Department of Natural Resources permits, City of Fond du Lac permits, and the written agreement(s) entered into between the City and Milk Specialties.
[Added 2-22-2023 by Ord. No. 3765]
Any person found to be in violation of any provision of this chapter or any order, rule or regulations, Wisconsin Statutes, Wisconsin Administrative Code or any other materials which are incorporated by reference shall be subject to a penalty as provided in § 1-4 of this Code.