City of Monona, WI
Dane County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Monona as Title 9, Ch. 1, of the 1994 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 175.
Sewer use — See Ch. 360.
Stormwater Utility — See Ch. 388.
Subdivision of land — See Ch. 473.
The Public Works Committee shall have general management and control of the Water Utility and Sewer Utility and may employ such personnel as shall be necessary for the efficient operation of such utilities, subject to the approval of the Common Council.
The provisions of Ch. PSC 185, Wis. Adm. Code, as may be amended from time to time, are adopted by reference and made a part of this chapter as if set forth in full. A violation of any such rules shall constitute a violation of this section.
The ordinances, rules and regulations passed by the Common Council shall be considered a part of the contract with every person supplied with water and sewer service through the Utility, and every person shall be considered to express his or her assent to be bound thereby.
Utility employees shall have free access at all reasonable hours to any premises supplied with water and sewer for the purpose of inspecting, repairing and examining the service appliances.
A. 
Application for water service shall be made in writing on a form furnished by the Water Utility. The application will contain the legal description of the property served, name of the owner, the exact use to be made of the service, and the size of the supply pipe and meter desired.
B. 
Service will be furnished only if:
(1) 
Premises has a frontage on a public street, property right-of-way in which a cast-iron or other long-life water main has been laid, or where property owner has agreed to and complied with the provisions of the Utility's filed main extension rule;
(2) 
Property owner has installed or agrees to install a service pipe from the right-of-way line or water main to the point of use and laid not less than six feet below the surface of an established or proposed grade, and according to the Utility's specification, and
(3) 
Premises have adequate piping beyond metering point.
C. 
The owner of a multiunit dwelling has the option of being served by individual metered water service to each unit. The owner, by selecting this option, is required to provide interior plumbing and meter settings to enable individual metered service to each unit and 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 rules and regulation.
D. 
No division of the water service of any lot or parcel of land shall be made for the extension and independent metering of the supply to an adjoining lot or parcel of land. No division of a water supply service shall be made at the curb for separate supplies therefrom for two or more separate premises having frontage on any street or public service strip, whether owned by the same or different parties.
E. 
The Utility is hereby empowered to withhold approval of any application wherein full information of the purpose of such supply is not clearly indicated and set forth by the applicant property owner.
All connections with service laterals of the Utilities shall be made as prescribed in the Plumbing Code, found in Chapter 175, Building Construction, of the Code of the City of Monona. All the requirements of the Plumbing Code must be met before the owner or occupant of any lot or parcel of any real estate shall make such connection. Application for connection hereunder shall be made to the appropriate Utility.
Only persons authorized by the Water Utility or the Chief of the Fire Department shall be permitted to open any fire hydrant for any purpose, and no one except such person shall be permitted to take the hydrant wrenches or suffer the same to be taken from any fire engine house except for Fire Department use.
A. 
Statement of legislative intent. Fire hydrants are placed and maintained at various points within City streets to provide for the public health, safety and general welfare of the residents and businesses in the City who own property in the vicinity of such hydrants. Obstruction of such fire hydrants is hereby declared to create a situation which is imminently dangerous to the persons and property of all residents within the area of such fire hydrants and the same provides a substantial hindrance in the efficient and effective control of fire. By the City's right to regulate the use of street right-of-way by abutting property owners, the following regulations are enacted.
B. 
Structures and plantings prohibited. Notwithstanding any apparent authority under any other provisions of this Code, no person shall erect, construct or install any structure or device of any nature whatsoever, nor shall any such structure or device be maintained within six feet of any fire hydrant. No person shall plant any tree, shrub or other planting nor maintain any of the same in such a manner that such planting, when mature, shall encroach within six feet of any fire hydrant.
C. 
Notice to remove. The Director of Public Works, the Fire Chief or their designees shall notify any property owner of a violation of this section and shall direct the removal of such obstruction within a reasonable period of time, not to exceed 14 days. If the same is not removed within the time period set forth in such notice, such obstruction is hereby declared to be a public nuisance maintained upon public property, and the same shall be summarily abated by the City, which shall cause removal of such obstruction.
D. 
Exception. This section shall not apply to any structure which may be placed upon the City right-of-way by a public utility under any easement or franchise, and the provisions of such easement or franchise shall specifically govern the placement of those structures.
No person, without the written authority of the Director of Public Works, shall operate any valve connected with the street or supply main; break or tamper with any seal of the water meter in service; open any fire hydrant connected with the distribution system, whether the hydrant is the property of the City or has been placed by an owner for his or her own protection, except for purposes of extinguishing fire only; or wantonly injure or impair such equipment.
Except as may otherwise be specifically allowed by ordinance or resolution by the Common Council, no claims shall be allowed against the City on account of the interruption of the water supply caused by the breaking of pipes or machinery or by the stoppage for repairs or by stoppage or recession of flow or on account of fire or other emergency, nor shall any claims be allowed for any consequential or indirect damages, including but not limited to loss of profits, caused by the breaking of any pipe or machinery.
A. 
The cost of installation of water and sewer service laterals shall be borne by the property owner.
B. 
New plats. Chapter 473, Subdivision of Land, of the Code of the City of Monona is applicable for new plats.
C. 
New streets in previously platted areas. New streets in previously platted areas shall be paid for in accordance with the procedures of Chapter 473, Subdivision of Land, of the Code of the City of Monona.
D. 
Developed streets. The full cost of installation of sanitary sewer and water main in developed streets shall be assessed against the abutting property under § 66.0703, Wis. Stats.
Water and sewer user rates shall be as adopted by resolution of the Common Council.
A. 
Statement and collection. Four times each year, the City Clerk shall mail to the owners or occupant of all lots or parcels of real estate in the City to which water and sewer service has been furnished by the City during the preceding three months a bill stating the amount due for the same. If such amount is not paid by the date specified on the bill, a late payment charge of 1 1/2% per month shall be added, and the Treasurer shall proceed to collect the dues with the late payment charge. The Treasurer has the authority for collecting outstanding water and sewer charges as a special charge. Said charges shall be a lien on the real estate to which the water and sewer service was furnished, and all sums that have accrued during the preceding year and are delinquent as of October 15 shall be reported by the Treasurer to the Clerk, who shall insert the same in the tax roll as delinquent utility charges against the property. All proceedings in relation to the collection, return and sale of property for delinquent City taxes shall apply to said charges.
B. 
Notice. On or about October 1 of each year, the Treasurer shall give notice in writing to the owner or occupant of all lots or parcels of real estate to which water and sewer service has been furnished prior to September 1 and payment for which is owing and in arrears at the time of giving such notice. The notice shall state the amount of such arrears, including the penalty herein specified; that unless the same is paid by October 15 thereafter, a penalty of 10% of the amount of such arrears will be added thereto; and that unless such arrears, with any such penalty, shall be paid by October 31 thereafter, the same will be levied as a delinquent utility charge against the lot or parcel of real estate to which service was furnished and for which payment is delinquent as above specified.
The income from the Utilities shall be used to meet operation, maintenance, depreciation, interest, sinking fund requirements, if any, additions and improvements and other necessary disbursements or indebtedness.
No adjustment shall be made to the sewer billing for leaks in a customer's appliance or plumbing if the water wasted was discharged into the sewer system. When the water that was wasted was not discharged into the sewer system, then the quantity of such water can be deducted in computing the charge for sewer service. Adjustments for water leaks shall be made as provided in § PSC 185.35, Wis. Adm. Code, as amended from time to time, and the written rules of the Water Utility.
Whenever conditions exist which affect the availability of water so as to endanger the health, safety and welfare of the persons and property within the City, the City Administrator, after consulting with the Director of Public Works, may declare a water emergency and the application of emergency water regulations, which regulations shall remain in force and effect until lifted by the City Administrator. For the purposes of this chapter, a water emergency shall exist whenever, in the judgment of the City Administrator, the Water Utility is unable to provide or expected to be unable to provide sufficient water to meet the normal usage needs of the municipality and its citizens due to drought, mechanical failure, or other like kind of conditions.
The City Administrator, after consulting with the Director of Public Works, may impose voluntary or mandatory outdoor water usage restrictions on all water users in the City in order to avoid undue stress upon the resources and reserve capacity of the Water Utility. The restrictions may apply to all properties or to alternate sides of the street, as is deemed necessary. Alternate side restrictions would apply to odd-numbered sides of the street on odd-numbered calendar days and even-numbered sides of the street on even-numbered calendar days, respectively. Restrictions may be for all day or for specified times each day.
The property owner shall install at his or her cost the initial water service from the street main to the house. After installation, the City shall maintain water service from the water main to the valve, including the valve and the connection thereto. The property owner shall be responsible for all other maintenance expenses. All water services must be maintained free of defective conditions, by and at the expense of the owner or occupant of the property. If maintenance activities require that driveways, landscaping, etc., be disturbed or removed, the property owner shall be responsible for such costs.
[Amended 8-15-2011 by Ord. No. 8-11-627]
The Water Utility shall introduce fluoride into the water being distributed in the water supply system of the City at a target feed rate of 0.7 milligrams per liter (mg/l).
A. 
Purpose. The purpose of this section is to establish a program for protecting the City of Monona public water supply system from contamination due to the backflow of contaminants through the water service connection into the public water system.
B. 
Authority. The cross-connection inspection program is established under the authority of and with the intent to comply with the requirements of § NR 810.15, Wis. Adm. Code, Cross-connections and Interconnections Code.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BACKFLOW
The undesirable flow of water or mixtures of water and other liquids, gases or other substances under positive or reduced pressure into the City of Monona Water Utility (hereinafter "Utility") public water supply system from any source.
BACKFLOW PREVENTER
A device or means designed to prevent backflow caused by backpressure or backsiphonage; most commonly categorized as air gap, reduced-pressure-principle backflow preventer, double-check-valve assembly, pressure vacuum breaker, atmospheric vacuum breaker, hose-connection vacuum breaker, hose-connection backflow preventer, backflow preventer with intermediate atmospheric vent, barometric loop or other approved device.
BACKPRESSURE
An elevation of pressure in the downstream piping system (pump, elevation of piping, or steam and/or air pressure) above the Utility supply pressure, which would cause or tend to cause a reversal of the normal direction of flow.
BACKSIPHONAGE
The flow of water or other liquids, mixtures or substances into the distribution pipes of the Utility's potable water supply system from any source, caused by the sudden reduction of pressure in the Utility's potable water supply system.
CROSS-CONNECTION
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 another; the direction of flow depending on the pressure differential between the two systems.
D. 
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 State of Wisconsin Department of Natural Resources.
E. 
Surveys. The Utility may cause inspection to be made of all properties serviced by the Utility where cross-connection with the public water system is deemed possible or suspected. Residential properties serviced by the Utility shall be surveyed a minimum of once every 10 years or on a schedule matching meter replacement. Surveys shall be conducted for every industrial, commercial and public authority service a minimum of once every two years. Commercial properties of similar or less risk than residential properties may follow the same schedule as residential properties. The Utility may, but is not required to, perform the cross-connection inspection of the owner's property. If in the opinion of the Utility the Utility is not able to perform the inspection, the property owner must, at his/her own expense, have the plumbing inspected for cross-connections by a State of Wisconsin certified cross-connection inspector/surveyor or by a State of Wisconsin licensed plumber. The frequency of required inspections and reinspections, based on potential health hazards involved, may be shortened by the Utility. The Utility may charge fees as approved by the State of Wisconsin Public Service Commission for on-premises follow-up visits by Utility personnel for reinspection due to customer noncompliance and for after-hours' inspections or reinspections.
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 any property served by a connection to the public water system of the Utility for cross-connection. If entry is refused, such representatives may obtain a special inspection warrant under § 66.0119, Wis. Stats. Upon request, the owner, lessee or occupant of any property so served shall furnish the inspection agency any pertinent information regarding the piping system on such property.
G. 
Authority to discontinue service. The Utility is authorized 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 public water system. Water service shall be discontinued if the means of backflow prevention required by the Utility is not installed, tested, maintained and repaired in compliance with this section and Ch. NR 810, Wis. Adm. Code, 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 hearing in accordance with Chapter 7, Administrative Review, except as provided under emergency discontinuance of service.
H. 
Reconnection of service. Water service to any property discontinued under the provisions of this section shall not be restored until the cross-connection has been eliminated or a backflow prevention device approved by the Utility has been installed in compliance with the provisions of this section. The Utility may charge fees as approved by the State of Wisconsin Public Service Commission for the reconnection of the water service.
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 Monona Common Council and shall conform to all existing due process requirements.
J. 
Owner responsibility. The property owner shall be responsible for the elimination of or protection from all cross-connections on his/her premises. The owner shall, at his/her expense, have installed, maintained and tested any and all backflow preventers on his/her premises in compliance with Chs. NR 810 and SPS 382, Wis. Adm. Code. The property owner shall have corrected any malfunction of any backflow preventer on his/her 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 device. The property owner shall not install a bypass around any backflow preventer unless there is a backflow preventer of the same type on the bypass. Property owners who cannot shut down operation for testing of the backflow prevention device must supply additional devices necessary to allow testing to take place. In the event the property owner installs plumbing upstream of the backflow preventer, such plumbing must have its own approved backflow preventer. The property owner is required to follow the protection practices described in the American Water Works Association publication AWWA M14, titled "Recommended Practice for Backflow Prevention and Cross-Connection Control," unless the Utility requires or authorizes other means of protecting the public water system. These requirements or authorizations will be at the discretion of the Utility.
K. 
Additional protection. In the case of premises having internal 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 inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the public water system shall be protected against backflow from the premises by installing an approved backflow preventer in the service line. In the case of any premises where there is any material danger 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 system, the public water system shall be protected by an approved air-gap separation or an approved reduced-pressure-principle backflow preventer. Examples of premises where these conditions may exist include sewage treatment plants, hospitals, mortuaries, plating plants and car wash establishments. In the case of any premises where, in the opinion of the Utility, an undue health threat is posed because of the presence of toxic substances, the Utility may require an approved air gap at the service connection to protect the public water system. This requirement will be at the discretion of the Utility.
L. 
Wisconsin Administrative Code. Chapter SPS 382 of the Wisconsin Administrative Code is hereby adopted, except any penalty provisions therein which exceed the legal authority of the City to impose. Chapter NR 810 of the Wisconsin Administrative Code is hereby adopted.
M. 
Plumbing code. This section does not supersede the State of Wisconsin Plumbing Code, Chs. SPS 381 to 387, Wis. Adm. Code, nor any other provisions of this Code, but instead should be supplementary to them.
A. 
Purpose. The purpose of this chapter is to prevent contamination of groundwater and to protect public health, safety and welfare by assuring that unused, unsafe or noncomplying wells, wells which may serve as conduits for contamination, or wells which may be illegally cross-connected to the municipal water system are properly abandoned, and that existing private wells meet state requirements for construction and water quality. Improperly abandoned wells represent potential direct pathways for groundwater contamination to enter the municipal drinking water supply.
B. 
Applicability. This section applies to all wells located on premises served by the City municipal water system.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
NONCOMPLYING
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.
PUMP INSTALLATION
The pump and related equipment used for withdrawing water from a well, including the discharge piping, the underground connections, pit-less adapters, pressure tanks, pits, sampling faucets and well seals or caps.
UNSAFE
A well or pump installation which produces water which is bacteriologically contaminated or contaminated with substances in excess of the standards of Ch. NR 809 or NR 140, Wis. Adm. Code, or for which a health advisory has been issued by the Department of Natural Resources.
UNUSED
A well or pump installation which is not in use or does not have a functional pumping system.
WELL
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.
WELL ABANDONMENT
The filling and sealing of a well according to the provisions of Ch. NR 812, Wis. Adm. Code.
D. 
Abandonment required. Except as provided in Subsection E below, all wells located on premises served by the municipal water system shall be abandoned in accordance with the terms of this chapter and Ch. NR 812, Wis. Adm. Code.
E. 
Well operation permit. The City Water Utility may grant a permit to a private well owner to operate a well for a period of five years that will allow retention and operation of wells which are determined to be safe and in compliance with Ch. NR 812, Wis. Adm. Code, with the limitation that the well shall be functional and the owner shall demonstrate a need for use. The City Water Utility or its agent may conduct inspections or have water quality tests conducted at the applicant's expense to obtain or verify information necessary for consideration of a permit application or renewal. Permit applications and renewals shall be made on forms provided by the City. The following conditions must be met for issuance or renewal of a well operation permit:
(1) 
The well and pump system must be evaluated by a licensed well driller or pump installer and certified to comply with §  NR 812.42, Wis. Adm. Code, prior to issuance of the initial permit and no less than every 10 years afterwards; and
(2) 
The well construction and pump installation have a history of producing bacteriologically safe water as evidenced by at least two samples taken a minimum of two weeks apart. No exception to this condition may be made for unsafe wells, unless the Department of Natural Resources approves in writing the continued use of the well; and
(3) 
There are no cross-connections between the well and pump installation and the municipal water system; and
(4) 
The proposed use of the well and pump installation can be justified as being necessary in addition to water provided by the municipal water system.
F. 
Abandonment procedures. All wells abandoned under the jurisdiction of this section or rule shall be abandoned according to the procedures and methods set forth in 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.
(1) 
The owner of the well or the owner's agent shall notify the Director of Public Works at least 48 hours prior to commencement of any well abandonment activities. The abandonment of the well shall be observed by the City Water Utility.
(2) 
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.
G. 
Application and permit fee. Permit applications and renewals shall be made on forms provided by the Water Utility. A permit fee in the amount set forth in the City's Schedule of Fee, Forfeiture and Deposit shall accompany the application.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Any person violating any provision of this chapter for which a separate penalty has not been imposed shall be punished as set forth in § 1-4, the general penalty of this Code. Each day or portion thereof that such violation continues shall be considered a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).