[HISTORY: Adopted by the Village Board of the Village of East Troy 4-3-2000 by Ord. No. 2000-2 as Title 9, Ch. 1, and §§ 9-3-1, 9-3-2 and 9-3-4 of the 2000 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 400.
Subdivision of land — See Ch. 495.
A. 
Public Service Commission rates, regulations and rules adopted. The State of Wisconsin Public Service Commission rates, regulations and rules currently, and as they may be amended from time to time, are hereby adopted and incorporated herein as though fully set forth.
B. 
Water rates. All rate schedules are contained in the rate file set forth by the Public Service Commission of Wisconsin for the East Troy Water Utility. The schedules are on file in the office of the Village Clerk.
[Amended 12-16-2019 by Ord. No. 2019-18]
C. 
Water service. All persons now receiving water supply from the East Troy Water Utility, or who may request service in the future, shall be considered as having agreed to be bound by the rules and regulations as filed with the Public Service Commission of Wisconsin.
[Amended 6-15-2015 by Ord. No. 2015-02]
D. 
Penalties. Penalties for violation of this section shall be as provided in § 1-4 of this Code.
A. 
Definition. A cross-connection shall be defined as any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the Village 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. 
Prohibition. No person, firm or corporation shall establish or permit to be established or maintain or permit to be maintained any cross-connection. No interconnection shall be established whereby potable water from a private, auxiliary or emergency water supply other than the regular public water supply of the Village may enter the supply or distribution system of said municipality, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the East Troy Municipal Water Utility and by the Wisconsin Department of Natural Resources, in accordance with § NR 810.15(2), Wis. Adm. Code.
C. 
Cross-connection inspections. It shall be the duty of the Director of Public Works to cause inspections to be made of all properties served by the public water system where cross-connection with the public water system is deemed possible. It shall also be the duty of the owner or occupant of any property upon which any possible cross-connection to the public water system exists to cooperate with the Village's cross-connection inspection program. Upon presentation of proper credentials, a representative of the Village shall be allowed entry at a reasonable time to examine any property served by a connection to the public water system for possible cross-connections. If entry is refused, such Village representative shall obtain a special inspection warrant under § 66.0119, Wis. Stats., to accomplish the inspection, and a special inspection warrant fee in the amount of $400 to cover the Village's costs of procuring and lawfully executing the special inspection warrant shall be payable by the owner or occupant who refused entry absent a special inspection warrant. The special inspection warrant fee shall be collected as a special charge against the property if not timely paid by the property owner or occupant. Upon request, the owner or occupant of any such property shall also furnish to the inspection agency any pertinent information regarding the piping system or systems on such property. Any property owner or occupant who refuses to allow any inspection required herein, including by refusing to follow up with the Village regarding scheduling an inspection, shall be in violation of this subsection and may be cited as set forth in § 1-4.
[Amended 6-15-2015 by Ord. No. 2015-02; 5-4-2020 by Ord. No. 2020-08
D. 
Backflow prevention device required. All buildings connected to the Village of East Troy public water supply shall be equipped with backflow prevention devices, as designated by the Village Building Inspector or the Village Director of Public Works or their representatives. All such devices shall meet Wisconsin Department of Safety and Professional Services requirements and shall be installed within 30 days of written notice to the owner of such property to correct such deficiency.
E. 
Discontinuance of service; notice; hearing.
(1) 
The East Troy Municipal Water 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 hereinafter. Water service to such property shall not be restored until the cross-connection(s) has been eliminated in compliance with the provisions of this section.
(2) 
If it is determined by the Building Inspector or Director of Public Works, or their representatives, that a cross-connection endangers public health, safety or welfare and requires immediate action, and a written finding to that effect is filed with the Village Clerk, and a copy is 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.
[Amended 12-16-2019 by Ord. No. 2019-18]
A. 
Definition. "Well" means an excavation or opening in the ground made by digging, boring, drilling, driving or other methods for the purpose of obtaining groundwater.
B. 
Compliance.
(1) 
General. No new private well or pump for such a well shall be constructed or installed, nor shall any such existing well or pump be maintained, except in compliance with the provision of this section. All wells and pumps, whether new or existing, shall require a well operation and/or a pump permit.
(2) 
Mandatory compliance.
(a) 
The owners of all houses, buildings, or other structures used for or usable for human habitation, or for the conduct of any trade, business or industry, located within the Village and abutting on any street, alley or right-of-way in which there is located a water main are required at the owner's expense to connect to the Village public water supply, in accordance with this section, within one year after the public water supply is accessible thereto.
(b) 
The Village Building Inspector shall provide official notification to such owner or his agent by registered mail addressed to the last known address of the owner or his agent of the requirement to make connection to the public water supply. The notice shall direct the owner or his agent to connect the building to such main in the manner prescribed by the Building Inspector and to install such facilities as may be reasonably necessary to furnish an adequate supply of pure water for drinking and to prevent creation of a health nuisance.
(c) 
The Village shall provide official notification to such owners of the requirement to make connection to the public water supply. If the owner fails to have the connection made, after expiration of the time provided by the notice, the Village may bring an action against the owner for violation of this section or may cause connection to be made by a licensed plumber, under the direction of the Village, and charge the cost of such connection as a special tax against the property.
(d) 
The owner or his agent may, within 30 days after completion of the work, file a written option with the Village Treasurer stating that he cannot pay the cost of connection in one lump sum and electing that such sum be levied in five equal annual installments, with interest at the rate of the Village's current cost of borrowing plus 2% per annum from the date of completion of the work, to be placed on the tax roll.
[Amended 12-16-2019 by Ord. No. 2019-18]
(e) 
By adoption of this section, the Village determines and ordains that the requirement to connect to the public water supply is necessary for the preservation of public health, comfort and safety.
(f) 
Where public water supply is not available, and will not be available in a reasonable time, a private water supply system may be used until such time that a public water supply system becomes available. Private water supply systems shall be used and installed in accordance with Chs. NR 811 and NR 812, Wis. Adm. Code.
(3) 
Exceptions to mandatory compliance.
(a) 
Upon application to the Village Clerk, exception from mandatory compliance may be permitted based upon the following criteria: the property which is otherwise subject to mandatory compliance is at least five acres in area, the structure to be served is a single-family residence and the building site of the residence is at least 400 feet from the public water supply.
[Amended 12-16-2019 by Ord. No. 2019-18]
(b) 
If the property which is otherwise subject to mandatory compliance meets the criteria enumerated in Subsection B(3)(a), the Village may grant permission for the installation of a private water supply system for a period of five years following the installation of the private water supply system, unless the property is transferred, conveyed and/or sold during this period or the private water supply system requires reconstruction during this period. At the end of the five-year period, the Village may require that the residence be connected to the public water supply system if the property is then served by such a system or may renew such permit for an additional five-year period if the requirements of Subsection E have been met.
(c) 
All private water supply systems permitted under this subsection shall be used and installed in accordance with Chs. NR 811 and NR 812, Wis. Adm. Code.
(4) 
Abandonment. All private wells located on any premises which is served by the public water system of the Village shall be properly abandoned and filled. Only those wells for which a well operation permit has been granted by the Village Building Inspector may be exempted from this requirement, subject to conditions of maintenance and operation.
C. 
Application for construction or installation permit. Application for a permit for construction of a well or installation of a pump shall be made by the property owner or his/her agent to the Village Building Inspector prior to commencement of the well construction or pump installation and shall include the following:
(1) 
Name and address of the applicant, owner of the site and installer, and any state license held by him/her.
(2) 
Description of the subject site by lot, block and recorded subdivision, or by metes and bounds referenced to the U.S. Public Land Survey.
(3) 
Description of the work to be performed.
(4) 
Plat of survey prepared by a land surveyor licensed in Wisconsin, or other map drawn to scale and approved by the Village Building Inspector, showing the location, property boundaries, dimensions and distances of the following:
[Amended 6-15-2015 by Ord. No. 2015-02]
(a) 
Subject site.
(b) 
Location of the well or pump.
(c) 
Location and elevation of any flood hazard areas.
(d) 
Location of existing and proposed buildings on the site.
(e) 
Location and distance to any source of contamination identified in § NR 812.08(4), Wis. Adm. Code.
(5) 
Appropriate fee for construction of a well, installation of a pump and renewal of an existing permit (which includes a test kit) according to the fee schedule on file in the Village Clerk's office. A double fee may be charged if work is started before a permit is applied for and issued.
[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]
D. 
Construction and inspection of new wells.
(1) 
Location, construction and materials. Well and pump location, construction and materials shall be as specified in Ch. NR 812, Wis. Adm. Code; provided, however, that all new wells installed shall be constructed in accordance with those standards applicable to potable water supply wells.
(2) 
Sample and reports. Well water samples shall be submitted to the State Laboratory of Hygiene and well construction reports shall be submitted to the State Department of Natural Resources and the well owner, as specified in § NR 812.22(6) and (7), Wis. Adm. Code. Copies should be issued to the Village Building Inspector and Director of Public Works.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Inspection. The Village Building Inspector, or his/her designee, shall inspect or cause the inspection of all private water supply systems after construction, but before backfilling, no later than the end of the next workday, excluding Saturdays, Sundays and holidays, after receiving notice from the contractor in charge.
E. 
Well operation permits. A well operation permit shall be granted to a new or existing well owner not served by the Village public water supply system, and a well operation permit may be granted to a well owner served by a Village public water supply to operate a well for a period not to exceed five years and may be renewed for successive five-year terms thereafter, if the following requirements are met for the original permit and each renewal and application is made on forms provided by the Village Building Inspector:
(1) 
The well and pump installation meet the requirements of Ch. NR 812, Wis. Adm. Code, and a well constructor's report is on file with the Department of Natural Resources, or certification of the acceptability of the well has been granted by the Department of Natural Resources.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The well has a history of producing safe water and presently produces bacteriologically safe water, as evidenced by one sample.
(3) 
The proposed use of the well can be justified as being necessary in addition to water provided by the public water system under Ch. NR 811, Wis. Adm. Code.
(4) 
No cross-connection shall exist between the piping of the public water system and the private well as verified by an annual inspection by the Village Building Inspector.
(5) 
The fee for each permit or renewal shall be determined by the Village Board of Trustees from time to time and shall be paid at the time application is made. The fee includes testing one water sampling by the Village of East Troy Water Utility.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(6) 
Wells unable to pass the safe water sample standards will be required to be abandoned within 60 days of formal notification of the Village of East Troy. If not abandoned, the Village will abandon at the owner's expense.
F. 
Well abandonment.
(1) 
Purpose. The purpose of this subsection is to prevent unused and/or improperly constructed wells from serving as a passage for contaminated surface or near surface waters or other materials to reach the usable groundwater.
(2) 
Methods. All wells abandoned under the jurisdiction of this section shall be abandoned according to the procedures and methods of Ch. NR 812, Wis. Adm. Code. All debris, pump, piping, unsealed liners and any other obstructions which may interfere with sealing operations shall be removed prior to abandonment. The filling must be observed by the Village Building Inspector, and said Building Inspector shall be provided with 48 hours' prior notice of the filling of the well.
(3) 
Reports and inspection. An abandonment report form, supplied by the Department of Natural Resources, shall be submitted by the well owner to the Village Building Inspector and the Department of Natural Resources within 10 days of the completion of the well abandonment. Said forms shall be available from the Village Building Inspector.
G. 
Violations. It shall be unlawful to construct or use any new or existing private water supply system in violation of any provisions of this section. In addition, it shall be unlawful to resist, obstruct or interfere with the Village Building Inspector in the discharge of his/her duties or to neglect, refuse or fail to obey the Building Inspector's orders pertaining to his/her duties. The Building Inspector shall investigate violations of this section and is specifically authorized to issue citations therefor.
[Amended 12-16-2019 by Ord. No. 2019-18]
The Director of Public Works is authorized to create, implement and maintain regulations on the outdoor use of water provided by the East Troy Water Utility as may be necessary to conserve the capacity and pressure of the water supply for the protection of the public health, safety and welfare. These regulations may apply to, but are not limited to, the sprinkling of lawns, gardens, shrubs and trees, car washing, filling of swimming pools, bulk water purchases, and installation of new lawns; prohibition of such uses completely in periods of emergency; irrigation of crops; and commercial car washes that recycle water. These regulations shall be approved by a majority vote of the Village Board and shall be filed in the office of the Village Clerk.
[Added 4-7-2014 by Ord. No. 2014-03]
All water softeners installed in residential and commercial buildings after April 1, 2014, shall regenerate water based upon a metering device or sensor or be equipped with a regeneration tank within the contents of the tank that can be removed and disposed of off site. Water softeners which regenerate based on a time clock are prohibited.