[HISTORY: Adopted by the Common Council of the City of Monona
as Title 9, Ch. 1, of the 1994 Code. Amendments noted where applicable.]
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.
BACKFLOW
BACKFLOW PREVENTER
BACKPRESSURE
BACKSIPHONAGE
CROSS-CONNECTION
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, 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.
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.
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.
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.
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.
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,
pit-less 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
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.
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.
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.
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.
