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.
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.
[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 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 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.
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.
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.
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.
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.
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.
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.
[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.
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.