[Adopted 7-22-1993 as Sec. 8-1-7 and Title 9, Ch. 4, of the 1993 Code]
[Amended 2-26-2008 by Ord. No. 2008-01[1]]
A.
Combined utilities. The waterworks system and sewage disposal system
of the City shall be combined and operated as a single public utility
pursuant to § 66.0819, Wis. Stats.
B.
Management of utilities. The Council shall manage the municipal utilities
and shall have all of the powers of a utility commission under § 66.0805,
Wis. Stats.
C.
Rates, rules and regulations. The rates, rules and regulations of
the utility shall be those approved by the Council and on file and
approved by the State Public Service Commission.
[1]
Editor's Note: This ordinance also repealed original Sec.
9-4-2, Fluorination of water supply, which immediately followed this
section.
[Amended 2-26-2008 by Ord. No. 2008-01]
A.
Sprinkling ban. No person, individually or an agent or employee for
any firm, association or corporation, shall utilize water for the
watering or sprinkling of lawns, gardens, shrubbery or other plants
except as hereinafter provided.
B.
Water use on alternating basis. No person, individually or as agent
or employee for any firm, association or corporation, shall utilize
water for sprinkling purposes except as follows: homes, businesses,
industries, and/or areas with an even number address shall be allowed
to use water for the full day (24 hours) on even-numbered days of
the month and the odd number addresses shall be allowed to use water
for the full day (24 hours) on odd-numbered days of the month.
C.
The sprinkling ban and water use regulations shall also apply to
private wells and the use thereof.
A.
Whenever public sewer or water service has become available to any
building used for human habitation or human occupancy, the Common
Council shall notify in writing the owner, agent or occupant thereof
to connect such facilities thereto. If such persons to whom the notice
has been given shall fail to comply for more than 10 days after notice,
the Common Council shall cause the necessary connections to be made
and the expenses thereof to be assessed as a special tax against the
property pursuant to § 281.45, Wis. Stats.
B.
The Common Council may extend the time for connection hereunder or
may grant other temporary relief where strict enforcement would work
an unnecessary hardship without corresponding public or private benefit.
C.
This section is enacted pursuant to § 281.45, Wis. Stats.
[Added 4-11-2016 by Ord.
No. 2016-001]
A.
Purpose. The purpose of this section is to prevent significant water
inflow and infiltration into the City's sanitary sewer system
and to protect public health, safety and welfare by assuring that
private laterals are tested, inspected, maintained and repaired or
replaced.
B.
Owner maintenance required. The owner of property containing a private
lateral shall maintain the private lateral. Maintenance under this
section includes:
(1)
Clearing obstructions from the private lateral;
(2)
Repairing a defect in the private lateral that allows the introduction
of extraneous flow or debris into the sanitary sewer system;
(3)
Repairing a defect in the private lateral that allows the discharge
of sewage on the property;
(4)
Keeping a manhole cover in place or a clean-out cap tight and in
place; and
(5)
Providing a solid manhole cover.
C.
Testing and notice of defective private laterals. The manager may
periodically perform special tests to confirm the integrity of the
sanitary sewer system, including smoke testing, dyed water testing,
air testing, hydraulic testing, closed-circuit television inspection,
and other testing and inspection techniques approved by the Utility
Board.
(1)
The manager may enter private property to inspect or test a private
lateral as allowed by law.
(2)
The manager shall give the property owner no less than 24 hours'
written notice before City personnel enter private property to conduct
an inspection or test, unless:
(3)
The manager may identify defects in a private lateral that allow
extraneous flow or debris to enter the private lateral or the discharge
of sewage on the property, or a condition that may interfere with
the proper operation of the private lateral. A defect under this section
may include:
(a)
Any visible leak;
(b)
Evidence of pipe or joint deterioration;
(c)
Root intrusion into a pipe that separates a pipe joint or enlarges
an existing crack;
(d)
A misaligned pipe segment, sag, or lack of positive gradient;
(e)
A lack of a necessary clean-out cap or manhole cover;
(f)
All failing materials;
(g)
A downspout, drain, or other connection that allows stormwater
or other extraneous water to enter the sanitary sewer system; or
(h)
A flaw that allows the discharge of sewage on the property or
the introduction of extraneous water into the sanitary sewer system.
(4)
If the manager identifies a defective private lateral or a condition
that interferes with the proper operation of the private lateral,
the manager shall send the property owner written notice of the defect
or condition, including a statement that the private lateral must
be replaced or repaired, or the condition corrected, not later than
90 days after the date of the notice, or within such longer time deemed
reasonable by the manager.
D.
Repair or replacement required. A property owner shall repair or
replace a defective private lateral from the curbline to the building.
The property owner shall pay the appropriate fee and obtain a permit
from the City before performing the repair or replacement of a defective
private lateral. Correction of a defect may include the installation
of a sump pit, sump pump and drainage tile.
(1)
If sewage is exposed on the property in a manner that makes it a
potential public health hazard, a property owner must:
(a)
Stop the discharge of sewage immediately;
(b)
Remediate the site not later than 24 hours after the owner has
notice of the exposed sewage; and
(c)
Complete all necessary repairs or replacement of a private lateral
immediately, but not later than 30 days after the owner has notice
of the exposed sewage.
(2)
person who repairs an existing private lateral or installs a new
or rehabilitated private lateral shall perform the repair or installation
as prescribed by the sewer utility's sanitary sewer connection
standards and the State Plumbing Code.
(3)
The repair or replacement of the private lateral and the connection
of the private lateral to the sanitary sewer shall conform to the
requirements of the building and plumbing codes or other applicable
rules and regulations of the City. All connections to the sanitary
sewer shall be made gastight and watertight. Any deviation from the
prescribed procedures and materials must be approved by the manager
before installation.
(4)
The property owner is responsible for all costs of private lateral
repair, replacement, and maintenance from the curbline into the building.
The City has the authority to contract for repairs/replacements of
laterals in the right-of-way and special assess the cost to the property
owner.
(5)
Generally, the sanitary sewer lateral will be remediated from the
main sewer line to the building foundation or the floor drain in the
basement. The sanitary sewer lateral between the curb and the main
line sewer that is not remediated at the time of the sanitary sewer
lateral repair will be replaced as part of a future street or sanitary
sewer construction project. The City of Marion will be responsible
for the cost of the replacement of the remainder of the lateral in
the future when that project is undertaken.
E.
F.
Sanitary sewer lateral remediation projects. The City recognizes
that its public sewer system has a finite life and, in many cases,
has exceeded the useful life of the system. The City also recognizes
that private building sewers possess many of the same characteristics
as the public sewer system. The City will undertake the systematic
reconstruction of the public sewer system lying within the corporate
limits. As part of this reconstruction, the City will conduct sanitary
sewer lateral remediation projects.
(1)
During a sanitary sewer remediation project, the City shall require
that the property owner replace/remediate their private lateral if
the lateral is found to be defective. The property owner shall, at
the owner's expense, make the necessary repairs to correct the
deficiency or deficiencies.
(3)
The City will publicly bid all sanitary sewer lateral remediation
projects, and the property owners, if they elect to have the City
contractors complete the work, will be special assessed for the project
costs per the City's special assessment policy. The sanitary
sewer lateral remediation projects may include:
(4)
The property owner will be given the option of selecting the sewer
lateral remediation option. Options include, but are not limited to,
open cut construction, slip lining (six-inch laterals only) or pipe
bursting or any other method allowed by state code.
(5)
A full time on-site inspector will be provided for the replacement/remediation
of the sanitary sewer lateral by the City.
(6)
The sanitary sewer lateral remediation project will include patching
of basement floors, if needed. Any other restoration needed in the
building and basement shall be the responsibility of the property
owners and will not be done as part of the sanitary sewer lateral
remediation project.
(7)
Any and all fences, trees, shrubs, swimming pools, decks, sheds,
porches, or other landscaping, paving or structures that will need
to be removed in order to facilitate the remediation of the private
lateral shall be removed and replaced by the property owner at their
expense.
(8)
Final restoration of the yard will be the responsibility of the property
owner. The City contractor will backfill the trench or holes that
are dug and rough-grade the top soil. The contractor will not be responsible
for final landscaping. It will be the responsibility of the property
owner to restore the lawn, pavement or garden areas that are disturbed
as part of the sanitary sewer lateral remediation project.
G.
Sanitary sewer lateral fees.
(1)
Televising refusal fee. A fee set by the Common Council as part of
the annual fee schedule resolution is hereby imposed for connection
of sewer laterals against every property connected to the City of
Marion sanitary sewerage system, in the utility, which owner refuses
to consent to televising of the sewer lateral by the City. This fee
will be imposed beginning 30 days after request has been made by the
City for permission to televise the owner's sewer lateral. This
fee will continue until the property owner consents to televising
by the City.
(2)
Failure to correct fee. A fee set by the Common Council as part of
the annual fee schedule resolution is also hereby imposed for connection
of sewer laterals against every property connected to the sanitary
sewerage system, in the utility, which owner fails to take corrective
action upon request by the City to repair sewer laterals leaking freshwater
into the sewerage system. This fee will be imposed beginning 30 days
following notice by the City to the owner that corrective action is
required and has not been completed on schedule, and will continue
until corrective action by the owner has been taken.
(3)
Fee exemptions. The following are the exemptions and procedures from
lateral fees:
(a)
Televising exemption. Upon request by the City of Marion Wastewater
Utility to televise a sewer lateral connected to a sewer main, in
the utility, the property owner may grant consent to televise the
lateral by signing a consent form approved by the City. Upon receipt
of such signed consent form, the City is authorized to access the
private sewer lateral and adjacent property for purposes of televising
the lateral. Owners complying with this section are exempt from the
televising refusal fee.
(b)
Corrective fee exemption. Each owner that repairs all laterals
determined by the City to be leaking freshwater into the sewerage
system shall be exempt from the failure-to-correct fee beginning at
such time that verification of corrective action has been provided
by the owner to the City.
