City of Watertown, WI Article VI Water and Sewer Lateral Control

[Added by Ord. No. 91-46]

§ 512-86 Definitions.

As used in this article, the following terms shall have the meanings indicated:

SANITARY SEWER LATERAL

Any physical connection or arrangement between the municipal sewer system which contains wastewater or other processed water and a private source such as a building, residence or other private property which has been used for any purpose.[1]

WATER LATERAL

Any physical connection or arrangement between the municipal water system which contains potable water from the City of Watertown water utility system and any other private building, residence or property whereby the City of Watertown provides potable water to said private building, residence or property to be used for any purpose.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 512-87 Water lateral connection.

[Amended 11-2-2020 by Ord. No. 20-27]

A. Water lateral connection. No person, firm or corporation shall establish or permit to be established, replace or permit to be replaced any water lateral, unless otherwise provided herein. No water lateral shall be established whereby potable water is transmitted from the public water supply of the City of Watertown to a private building, residence or other private property unless such water lateral has been connected, installed and supplied by the City of Watertown Water Department, unless otherwise provided herein.

B. Lead service lines.

(1) Purpose. Lead service lines have the potential to leach lead into drinking water. Disturbing or reconnecting to an existing lead service line may increase lead levels in drinking water. Elevated lead levels in drinking water have been determined to cause health problems in young children, pregnant women and their unborn children, and are also potentially harmful to adults. The City Council therefore finds it in the public interest to establish a comprehensive program for removing and replacing all lead service lines within and connected to the Watertown Water Utility distribution system.

C. Authority. This section is enacted pursuant to §§ 62.11(5) and 196.372, Wis. Stats.

D. Definitions. This section shall be interpreted so that the intent and purpose described may be accomplished. Words and phrases shall be understood according to common meanings unless the contrary is clearly indicated. Definitions of terms used in this section are listed below:

CUSTOMER-SIDE LEAD SERVICE LINE or CUSTOMER-SIDE LSL

A customer-side service line constructed of lead or galvanized material.

CUSTOMER-SIDE SERVICE LINE

The property owner's water service line from the outlet of the curb stop to the inlet of the customer's water meter. The outlet joint of the curb stop is considered customer-owned.

DISTRIBUTION SYSTEM

The network of water pipes, including mains and service lines, owned and operated by the Watertown Water Utility.

LEAD SERVICE LINE or LSL

A water service line constructed of lead or galvanized pipe. The term covers both a customer-side lead or galvanized service line and/or a utility-side lead or galvanized service line.

NONCOMPLIANCE PENALTIES

These may include, but not necessarily be limited to, violation citations, elimination of financial assistance, service disconnection, or other actions deemed permissible by the PSC and/or Watertown Water Utility.

PLUMBING CONTRACTOR

A person firm, corporation or other entity licensed by the State of Wisconsin to perform plumbing work in the City of Watertown ("City").

PREQUALIFIED PLUBMING CONTRACTOR

A plumbing contractor who has gone through the City of Watertown's approval process and been placed on Watertown Water Utility's prequalified plumbing contractor list.

PROPERTY

Real property as defined in § 70.03, Wis. Stats.

PROPERTY OWNER

A person or legal entity, or his, her or its representative, having an ownership interest, legal or equitable, in the property. The term "property owner" includes an estate or trust.

PSC

Public Service Commission of Wisconsin.

UTILITY MANAGER

The Water Systems Manager of the WWU or his or her designee.

UTILITY-SIDE LEAD SERVICE LINE or UTILITY-SIDE LSL

A utility-side service line constructed of lead or galvanized pipe.

UTILITY-SIDE SERVICE LINE

The utility-owned portion of the water service line, comprised of any material, from the water main to the outlet of the curb stop, including the curb stop.

WWU

The abbreviation will identify the Watertown Water Utility, the City utility responsible for operating the City's public water system.

E. Lead service line replacement requirement.

(1) As provided in this section, all existing lead service lines connected to the WWU distribution system shall be replaced with water service lines constructed of materials approved by the City.

(2) Where both the customer-side and utility-side service lines are constructed of lead, the replacement of both sides of the service line will be completed at the same time following the process set out in § 512-87G.

(3) Where only the customer-side service line is constructed of lead, the replacement of the customer-side LSL shall be completed within 36 months of notification by WWU following the process set out in § 512-87H.

F. Identification of customer-side lead service lines.

(1) WWU will create a contact list of homes that potentially have lead service lines based on the building's date of construction.

(2) Upon notice from WWU, a property owner or customer who exercises control over a property connected to the WWU distribution system will schedule an inspection of the customer-side service line by an authorized WWU water operator in order to allow WWU to confirm the service line's material of construction. WWU may use various methods to contact the property owner or customer, including, but not limited to, phone calls, bill stuffers, emails, mailers, and door-to-door contact.

(3) In the event that a property owner or customer refuses or fails to provide access to the interior of any improvement in order to accomplish such inspection, the utility manager may take the steps necessary to complete the inspection and confirm the service line's material of construction, including and up to the issuance of noncompliance penalties.

(4) As an alternative to WWU inspection, the property owner or customer, at their expense, may arrange to have a plumbing contractor perform the inspection and provide inspection results to WWU.

(5) Upon confirmation that a customer-side service line is constructed of lead, WWU will notify the property owner of the requirement to replace the customer-side lead service line following the steps detailed in § 512-87G and H, depending on the circumstance.

(6) WWU will create and maintain records of all inspected, identified and replaced lead service lines in the City, until such time that no lead service lines exist.

G. Replacement of customer-side lead service lines in conjunction with replacement of utility-side lead service lines or planned City street reconstruction projects.

(1) Utility-side service lines will be replaced as part of a City street reconstruction project if possible. Before undertaking a utility-side service line project, WWU will identify those properties that connect to the utility-side service lines planned for replacement.

(2) Prior to scheduling the replacement of utility-side service, a certified WWU water operator or WWU employee proficient at determining lead service line materials shall inspect all connected and affected customer-side service lines for the presence of lead.

(3) If a customer-side service line is found to be constructed of lead, WWU will notify the property owner of that fact in writing. WWU will also notify the property owner that the property owner must replace the customer-side LSL in conjunction with WWU's scheduled replacement of the utility-side service lines, and that failure to do so may subject the property owner to noncompliance penalties.

(4) At least 45 days prior to the date of the scheduled replacement of the utility-side service line, WWU will notify the property owner with a customer-side LSL in writing of the scheduled date of replacement of the utility-side LSL or other utility service lines or planned City street reconstruction project.

(5) Within 30 days of receipt of the replacement notice, the property owner must schedule the replacement of the customer-side LSL to coincide with the scheduled replacement of the utility-side service line. The property owner shall promptly notify WWU that the replacement of the customer-side LSL has been scheduled and provide the name of the plumbing contractor who will complete the replacement work.

(6) Upon a property owner's request, WWU may assist the property owner with getting bids from plumbing contractors. WWU's contractor for utility-side service line replacement work may be available to perform customer-side LSL replacement work.

(7) Customer-side LSL replacement work must be completed at the same time as the utility-side service line is replaced unless an extension is allowed. Failure to commence customer-side LSL replacement work as required by this section, or to complete such work within a reasonable time after commencement of the work, may result in the issuance of noncompliance penalties.

(8) A property owner who follows the procedures detailed herein may be eligible to receive financial assistance for the customer-side LSL replacement.

H. Replacement of customer-side lead service line where only the customer-side portion of the service line is lead.

(1) If WWU confirms that a customer-side service line is constructed of lead and notifies the property owner of that fact in writing as provided by § 512-87F, the property owner must, unless § 512-87G applies, arrange for the replacement of the customer-side LSL to be completed within 36 months of notification. Failure to complete the replacement of the customer-side LSL within that time period may result in noncompliance penalties.

(2) A property owner who follows the procedures detailed in both this subsection and § 512-87J may be eligible to receive financial assistance for the customer-side LSL replacement.

I. Timing of replacement.

(1) Leak or failure emergency replacement. Property owners who are required to replace a customer-side portion of a lead service line due to a leak or failure emergency replacement will replace their lead service line as soon as reasonably practical but no later than 30 days from receiving written notice.

(2) The Water Systems Manager or his designee may extend the time for replacement up to 36 months for the customer-side portion of a customer-side LSL that has been identified and noticed to be replaced under this section if the property owner so requests and demonstrates a compelling need, unless the extension would create an imminent threat to the health, safety or welfare of the public.

J. Financial assistance for customer-side LSL replacements.

(1) WWU is authorized to establish a program to provide eligible property owners with financial assistance to replace customer-side LSLs. WWU must seek PSC approval of any WWU financial assistance program to replace customer-side LSLs. If WWU's financial assistance program has received PSC approval and has available funding, WWU may provide eligible property owners with financial assistance to replace customer-side LSLs as provided in this section.

(2) WWU may provide an eligible property owner with financial assistance to pay the property owner's customer-side LSL replacement costs. WWU may provide a grant to pay for a percent of the property owner's customer-side LSL replacement costs. The grant may not exceed a maximum amount of $5,000. Financial assistance for the remainder of the property owner's customer-side LSL replacement costs may be provided in the form of a loan.

(3) WWU may loan an eligible property owner funds to pay the property owner's remaining customer-side LSL replacement cost after the receipt of any grant monies under § 512-87J(2). WWU may provide an eligible property owner a ten-year, 2.5% interest loan. A property owner shall repay the loan in yearly installments, consisting of principal and interest. Loan repayments will be invoiced yearly by WWU. Loan repayments that are past due may be placed on the property tax roll as provided in § 66.0809, Wis. Stats.

(4) A property owner is eligible for financial assistance for the purpose of replacing the customer-side LSL if the property owner satisfies all of the following criteria:

(a) The property owner alone, or collectively with others, owns the entire fee-simple title to the property served by the customer-side LSL.

(b) The property owner's customer-side LSL is either attached to a utility-side service line that is not a LSL, or a utility-side LSL scheduled for replacement and for which the property owner has been notified by WWU of such scheduled replacement.

(c) The property owner agrees to have the replacement work done by a prequalified plumbing contractor in compliance with this section.

(5) Written applications for financial assistance shall include the following:

(a) A completed application on a form furnished by WWU signed by the eligible property owner. The completed application from shall include a certification by the property owner that attests that all eligibility criteria listed in this section are met.

(b) Copies of a written quote from a prequalified plumbing contractor for the replacement of the property owner's customer-side LSL.

(6) A property owner will be eligible for financial assistance based on the amount included in the written quote received from the prequalified plumbing contractor.

(7) After a complete application is received, and prior to the commencement of any replacement work, WWU will determine if the property owner is eligible for financial assistance, and the amount of financial assistance available as a grant and the amount of financial assistance available as a loan. Such determination will be provided in writing to the applying property owner.

(8) Customer-side LSL replacement work must be accomplished in accordance with the Wisconsin State Plumbing Code and all applicable federal, state, and municipal laws and regulations. Work must also be done in a workmanlike manner and be coordinated with any WWU utility-side service line replacement work as required by § 512-87G.

(9) Upon completion of the customer-side LSL replacement and passing the necessary building/plumbing inspections, the prequalified plumber shall provide WWU with a copy of the invoice. Upon proof of completion satisfactory to the property owner and WWU, WWU will directly pay the plumbing contractor the amount of money approved by WWU for financial assistance for replacement of the customer-side LSL.

(10) The total amount of money provided by WWU as financial assistance in the form of a grant and loan may not exceed the actual cost of replacement of the customer-side LSL.

(11) Disputes regarding eligibility for financial assistance may be appealed as laid out in Chapter 10 of the Watertown Municipal Code, Administrative Review.

K. Severability. If any subsection or portion of this section is for any reason determined to be invalid or unconstitutional by the decision of a court of competent jurisdiction, that subsection or portion shall be deemed severable and shall not affect the validity of the remaining subsections or portions of this section.

L. Authority to discontinue service. If a property owner fails to replace a customer-side LSL as required by this section, WWU may, in accordance with PSC Chapter 185.37, discontinue water service to such property until the customer-side LSL is replaced.

§ 512-88 Sanitary sewer lateral connection.

No person, firm or corporation shall establish or permit to be established, replace or permit to be replaced any sanitary sewer lateral, unless otherwise provided herein. No sanitary sewer lateral shall be established whereby wastewater from a private building, residence or other private property enters the City of Watertown sewer system unless such sewer lateral has been connected, installed and supplied by the City of Watertown Water Department, unless otherwise provided herein.

§ 512-89 Exception to Water Department installation or repair.

When a subdivision is under construction within the corporate City limits of the City of Watertown and application has been made to the City of Watertown Water Department, in writing, for approval and permission to allow a private contractor to establish any water lateral and/or sanitary sewer lateral, said approval and/or permission may be granted by the City of Watertown Water Department in its sole discretion. This exception is for the purpose of providing a suitable alternative installation procedure if the City of Watertown Water Department is unable to complete a large installation project within reasonable time limits. The City of Watertown Water Department shall issue written approval of the use of a private contractor at the sole expense of the owner of the property and the contractor engaged by the owner to provide services. The City of Watertown Water Department and/or any private contractor approved by the City of Watertown Water Department shall install and connect such water and/or sanitary sewer laterals in conformance with all Watertown Water Department regulations, all Watertown general ordinances and all regulations of the Wisconsin Department of Natural Resources in accordance with § NR 811.07, Wis. Adm. Code.

§ 512-90 Permit required.

A. Any person, firm or corporation desiring to establish or permit to be established, replace or permit to be replaced any water lateral and/or sanitary sewer lateral located within the corporate City limits of the City of Watertown shall make application for a plumbing permit as outlined below to the City of Watertown Plumbing Inspector.

B. Application by the landowner or any agent shall be submitted proposing the work to be performed, including the establishment or repair of water laterals and/or sanitary sewer laterals, in conformance with §§ 253-14 to 253-17 of this Code, and any and all subsequent amendments thereto.

§ 512-91 Periodic maintenance inspections.

It is the duty of the Watertown Water Department to cause periodic inspection to be made of all property served by the public water system where water lateral connections with the public water system are deemed necessary. It shall further be the duty of the Watertown Water Department to cause periodic inspection to be made of all properties served by the public sewer system where sanitary sewer lateral connections with the public sewer system are deemed necessary. The frequency of inspection and reinspection shall be based on construction requirements for the private property in conformance with all municipal, state and federal laws, as established by the Watertown Water Department and as approved by the Wisconsin Department of Natural Resources.

§ 512-92 Right of entry.

Upon presentation of credentials, a representative of the Watertown Water Department shall have the right to request entry at any reasonable time to examine any property served by a water lateral and/or a sanitary sewer lateral to the public water system or the public sewer system for the purpose of connection or repair of a water and/or sanitary sewer lateral. If entry is refused, such representative shall obtain a special inspection warrant pursuant to § 66.0119, Wis. Stats. On request, the owner, lessee or occupant of any property so served shall furnish to the Watertown Water Department any pertinent information regarding the piping system or systems on such property.

§ 512-93 Emergency conditions.

If at any time it becomes apparent that an emergency condition exists with respect to water lateral connections and/or sanitary sewer lateral connections, the owner or his agent may cause emergency repairs to be performed by a licensed plumber immediately, without application pursuant to § 512-90 of this article and the requirements of § 253-11 et seq. of this Code. The licensed plumber shall take all actions deemed necessary to restore the public water system and/or public sewer system as it affects the private property to a stable condition at the sole expense of the owner and/or any agents.

§ 512-94 Discontinuance of service; notice required.

The Watertown Water Department is hereby authorized and directed to discontinue water and/or sewer service to any property wherein any water and/or sewer lateral connection in violation of this article exists and to take such other precautionary measures deemed necessary to eliminate any danger of damage to the public water system and/or the public sewer system. Water service and/or sewer service shall be discontinued only after reasonable notice and opportunity for hearing under Ch. 68, Wis. Stats., except as provided in § 512-95. Water service and/or sewer service to such property shall not be restored until the water lateral and/or sanitary sewer lateral has been eliminated or replaced in compliance with the provisions of this article.

§ 512-95 Emergency discontinuance; written finding required.

[Amended 7-5-2022 by Ord. No. 22-63]

If it is determined by the Watertown Water Department that a water lateral and/or sanitary sewer lateral or the connection thereof, or any emergency related thereto, endangers public health, safety or welfare and requires immediate action, and a written finding to that effect is filed with the Clerk of the City of Watertown and delivered to the customer's premises, services may be immediately discontinued. The customer shall have an opportunity for a hearing under Ch. 68, Wis. Stats., within 10 days of such emergency discontinuance.

§ 512-96 Plumbing Code.

This article does not supersede the State Plumbing Code, as adopted by reference in § 419-1 of this Code, but is supplementary and additional thereto.

§ 512-97 Fees.

A. The fee for a plumbing permit shall be as set forth in § 253-15B of this Code, as it may be amended from time to time.

B. The costs and fees to be assessed against the property owner for the installation, establishment and/or repair of any water lateral and/or sanitary sewer lateral by the City of Watertown Water Department shall be at a rate approximating the actual cost of the work performed and materials provided as set forth on a schedule maintained on file with the City of Watertown Water Department main office and available for inspection at any time by any member of the public. Such schedule shall be maintained at fee rates and costs as established by the City of Watertown Water Department and amended from time to time as deemed necessary by the City of Watertown Water Department to enable the Water Department to recover the actual costs of all work performed pursuant to this article.