[HISTORY: Adopted by the City Council of the City of South
Milwaukee. Amendments noted where applicable.]
See § 4.08.
All persons now receiving a water supply from the South Milwaukee
Water Department or who may hereafter make application therefore shall
be considered as having agreed to be bound by the rules and regulations
as filed with the Public Service Commission of Wisconsin and the provisions
of this ordinance.
All services connected with the City Waterworks System must
be metered. All meters shall be of the type approved by the commission
and shall be installed by and at the expense of the Water Department.
Only one meter shall be installed for each service.
All applications for the introduction of water into any premises
shall be made by the owner or by the tenant with the written consent
of the owner upon printed blanks for the purpose to be had from the
Superintendent of the Waterworks. The application must state fully
and truly all the purposes for which water is required. The applicants
must subscribe and agree to be bound by such rules governing the use
of water as may now be in force or such as may be made from time to
time by the Water Utility Commission. If no objection exists, the
Water Commission, through the Superintendent of Waterworks, will then
cause to be issued to a licensed plumber or other qualified person
a permit authorizing him to do the work. All applications must be
accompanied with the fee for tapping as provided by the South Milwaukee
Code.
A.
No person not properly authorized by the City shall connect, disconnect,
remove or otherwise disturb any water meter.
B.
When the Utility has reasonable evidence that a consumer is obtaining
water, in whole or in part, by means of devices or methods used to
stop or interfere with the proper metering of the utility service
being delivered to his equipment, the Utility reserves the right to
estimate and present immediately a bill for services unmetered as
a result of such interference and such bill shall be payable subject
to a twenty-four-hour disconnection of service. When the utility shall
have disconnected the consumer for any such reason, the Utility will
reconnect the consumer upon the following conditions:
[Amended 1-7-1992 by Ord.
No. 1502]
(1)
The consumer will be required to deposit with the utility an amount
sufficient to guarantee the payment of the consumer's bills for utility
service to the utility.
(2)
The consumer will be required to pay the utility for any and all
damages to its equipment on the consumer's premises due to such stoppage
or interference with its metering.
(3)
The consumer must further agree to comply with reasonable requirements
to protect the utility against further losses.
C.
Sections 98.26 and 94.320, Wis. Stats., as relating to water service,
are hereby adopted and made a part of these rules.
[Amended 1-7-1992 by Ord.
No. 1502]
A.
The water service shall be equipped with a corporation stop, a curb
stop and a stop box flush with the sidewalk or ground grade, and a
meter stop, these stops to be purchased from the Water Utility. Curb
stop box shall be furnished by contractor but shall be of a type meeting
the approval of the Water Utility.
[Amended 1-7-1992 by Ord.
No. 1502]
B.
The service pipe shall be installed by the owner to a point in line
with the fire hydrant or inner side of curb and gutter line. The curb
stop shall be set there by the owner and it shall be accessible at
all times to the employees of the Water Utility or persons authorized,
in writing, by the Water Utility.
[Amended 1-7-1992 by Ord.
No. 1502]
C.
The consumer shall protect the stop box in his terrace and shall
keep the same free from dirt and other obstructions. The utility shall
not be liable for failure to locate a stop box and shut off water
in case of a leak on the consumer's premises.
Meters must be placed in the basement of a building where the
service pipe enters the same. Where there is no basement, the meter
must be placed in a suitable meter box provided by the owner. The
meter shall be accessible at all times and shall not be covered with
stored material or debris. Service piping for the meter settings,
changes and connections shall be provided by the consumer or property
owner.
A.
Meters must be protected against frost. The water shall be turned
off from any meter that the City shall discover has not been so kept
and shall not be turned on again until the proper repairs have been
made and the cost of turning the water off and on paid.
B.
Meters will be repaired by the Water Department and the cost of such
repairs caused by ordinary wear and tear will be borne by the Utility.
Repair of any damage to a meter resulting from the carelessness of
the owner of the premises, his agent or tenant, or from the negligence
of anyone of them to properly secure and protect same, including any
damage that may result from allowing a water meter to become frozen
or to be injured from the presence of hot water or steam in the meter
shall be paid for by the consumer or the owner of the premises.
[Amended 1-7-1992 by Ord.
No. 1502]
All water meters, fixtures, appliances and appurtenances on
private premises connected to the City Water System shall be open
to inspection by Utility employees at the times and in the manner
specified in the Public Service Commission Rules.
[Amended 1-7-1992 by Ord.
No. 1502]
A.
Rates and rules.
(1)
The schedule of water rates to be charged by the South Milwaukee
Water Utility for water furnished through its supply system to consumers
will be as set by the Public Service Commission.
(2)
When the Utility employees are unable to read a meter, the Public
Service Commission Rules will govern the Utility procedure.
(3)
When the meter registers losses due to a pipe leak, the Utility will
proceed pursuant to Public Service Commission Rules.
(4)
Meter testing will be done pursuant to Public Service Commission
Rules.
B.
Bills for water service shall be rendered triennially and become
due and payable pursuant to the Public Service Commission Rules.
C.
Lien for unpaid water rates. All water rates for water furnished
to any building or premises shall be a lien as provided by § 66.069,
Wis. Stats., on the lot, part of lot, or parcel of land on which such
building or premises shall be situated. If any water rates or fractional
parts thereof remain unpaid on the first day of October in any year,
the same shall be certified by the Treasurer to the City Clerk on
or before the first day of November next following and shall be by
him placed upon the tax roll and collected in the same manner as other
taxes on real estate are collected in this City.
A.
The service pipe from the main to the curb will be maintained and
kept in repair at the expense of the utility. The consumer shall maintain
the service pipe from the curb to the point of use and can be billed
for any water which has not passed through the meter and has been
wasted by leakage of defective pipes and fixtures.
B.
If a customer fails to repair a leaky or broken service pipe from
curb to point of metering or use within such time as may appear reasonable
to the Superintendent of the Utility after notification has been served
on the consumer by the Superintendent, the water will be shut off
and will not be turned on again until the repairs have been completed.
All meters two inches and over in size must be compound type
meters with flanged connection both ends. When a meter is larger in
size than two inches, a two-inch T must be placed near the outlet
side for testing purposes. A piece of pipe, flanged both ends, of
the same length as the flange to flange dimension of the meter installed,
must be kept in the room or compartment with the meter for the use
of the Water Department in making repairs to the meter.
[Amended 1-7-1992 by Ord.
No. 1502]
These rules shall be considered a part of the contract with
every person who takes water supplied by the waterworks, and every
such person taking the water shall be considered as having expressed
his consent to be bound thereby, and whenever any rule is violated,
the Water Superintendent may shut off the water without notice, and
the person so cut off shall forfeit any payment made, and the water
shall not again be turned on until the offender abides by the rules
of the department. A charge pursuant to Public Service Commission
schedules and rules will be assessed for turning the water on again.
A.
No person shall in any way use or take any water furnished by the
waterworks for private use, for flushing any sewer, or for settling
any ditch, or for any other purpose unless such person shall pay for
the same, or unless such person shall first obtain the usual permit
therefore from the Superintendent of Waterworks.
B.
No contractor, builder, or others shall use water for building purposes,
whether drawn from a service pipe controlled by a meter or otherwise,
unless such person shall have made application in writing to the Superintendent
of Waterworks for such water accompanied by a true estimate of the
amount of brick, stone, plastering, cement, or concrete work for which
the water is desired and received a permit therefore from the Superintendent
of Waterworks showing payment of the established water rate; or in
case the water so used is drawn from a service pipe controlled by
a meter, then such permit shall describe the premises whereon the
meter is located giving house number, street and name of owner, and
also a full description of the premises where the water is to be used.
C.
No person or consumer shall supply water to any contractor, builder,
or others to be used for building purposes, cement or concrete work,
unless a proper permit therefore from the Superintendent of Waterworks
shall first be exhibited.
D.
Applications for water must state fully and truly all purposes for
which it is required, and when paying the charge for it, parties must
frankly and without concealment answer all questions put to them relating
to its consumption. In case of fraudulent representations by the applicants
or the use of water for purposes not embraced in the application,
the supply of water will be shut off.
[Amended 1-7-1992 by Ord.
No. 1502]
A.
If the drip of waste from any private hydrant becomes a nuisance
to the adjacent property, or overruns the sidewalk, and freezing becomes
dangerous in winter, the supply will be shut off and kept off until
the evil is satisfactorily remedied.
B.
When there is a leak in a private pipe line between the curb and
the meter, the Water Department shall at once shut off the stop at
the curb stop and leave a notice in writing at the premises to remedy
the defect, and if necessary repairs are not made within the time
stated in said notice, the ferrule attached to such pipe shall be
drawn from the main pipe and the sum specified by the Water Commission
shall be paid therefore by the owner, as well as all expenses incurred
by the Water Department in shutting off the water or making repairs.
[Amended 1-7-1992 by Ord.
No. 1502]
A.
Any consumer desiring to discontinue for any reason the use of water
on his premises must notify the Superintendent of Waterworks in writing
to that effect and the Superintendent of Waterworks shall thereupon
shut off the water, from such premises, and no charges of water rates
will be stopped or any deductions of water rates against any premises
be made, unless the water has been properly shut off from such premises.
B.
Any authorized party, whenever he has turned the water either off
or on to any premises, shall at once make report to the Water Utility
of such fact, describing the premises and stating the time when, and
whether the water was turned off or on.
[Amended 1-7-1992 by Ord.
No. 1502]
A.
No person shall open a fire hydrant without permission of the Superintendent
of the Water Utility Commission, firemen and persons authorized, in
writing, by the Superintendent or his designee.
B.
No person shall sell or give water for any object or purpose unless
permission be obtained from the Water Utility Commission.
C.
No person shall obstruct access to any fire hydrant or curb stop
connected with the water pipes in the street, by placing on it any
building material, rubbish or other materials, or willfully place
or deposit dirt or other material in any curb stop boxes, or turn
any public or private curb stop.
[Amended 1-7-1992 by Ord.
No. 1502]
A.
Application for a hydrant wrench must be made to the Superintendent
of Waterworks and when receiving such wrench the applicant must deposit
the sum determined by the Public Service Commission for security,
which cannot be withdrawn until such wrench is returned.
B.
No one except employees of the Water Utility shall under any circumstances
be allowed to touch or interfere with the curb stop, unless authorized,
in writing, by the Utility Superintendent or his designee. A permit
to use water for building purposes does not give the right to touch
the curb stops.
C.
Permits for water for building purposes must be limited to a specified
time, and must be left subject to examination at the premises where
the water is used. At the end of the time specified in the permit
the water will be shut off by the Department and not turned on again
until a new permit therefore is granted. A violation of this rule
will result in shutting off the supply of water for such purposes.
[Amended 11-5-2013 by Ord. No. 2075]
No permit to fill a cistern will be granted where such cistern is located on premises fronting on a street in which water mains have been laid. For the purposes of this section, a rain barrel will not be considered a cistern and will be allowed pursuant to provisions of § 21.509, Wis. Stats., if the outlined conditions are met.
[Amended 1-7-1992 by Ord.
No. 1502]
Where one service pipe is intended to supply two or more distinct
premises or tenements, and when only one service is used, the application
must be made by the person or persons controlling the same and such
person or persons must pay the water charges of all the parties who
are thus supplied. Separate water bills will not be rendered unless
meters are installed to serve the different users separately.
A.
The owner or occupant of every premises receiving water supply shall
apply and maintain suitable means of protection of the premises supply
and all appliances thereof against damage arising in any manner from
the use of the water supply, variation of water pressure, or any interruption
of water supply. Particularly, must such owner or occupant protect
water cooled compressors for refrigeration systems by means of high
pressure safety cutout devices. There shall likewise be provided means
for the prevention of the transmission of water ram or noise of operation
of any valve or appliance through the piping of their own or adjacent
premises.
B.
Relief valves. On all "closed systems" (i.e., systems having a check
valve, pressure regulator, or reducing valve, water filter or softener)
an effective pressure relief valve shall be installed either in the
top tapping or the upper side tapping of the hot water tank or on
the hot water distributing pipe connection at the tank. A 1/2-inch
drain pipe shall be connected to the relief valve for discharge on
the floor or into a sink or open drain. No stop valve shall be placed
between the hot water tank and the relief valve or on the drain pipe.
C.
Air chambers. An air chamber or approved shock absorber shall be
installed at the terminus of each riser, fixture branch or hydraulic
elevator main for the prevention of undue water hammer. The air chamber
shall have a diameter not less than that of the pipe it serves and
a length not less than 15 diameters of said supply pipe. Where possible,
the air chamber should be provided with a valve and drain cock at
its base for water drainage and replenishment of air.
[Amended 10-17-1995 by Ord. No. 1622; 9-20-2011 by Ord. No. 2030]
A.
General policy.
(1)
Purpose. The purpose of this ordinance is:
(a)
To protect the health and welfare of users of the public potable
water supply of the City of South Milwaukee from the possibility of
contamination or pollution of the potable water system(s) under the
direct authority of the South Milwaukee Water Utility.
(b)
To promote for the control and/or elimination of existing cross
connections (actual or potential) between the customer's potable water
system(s) and other environment(s) containing substance(s) which may
contaminate or pollute the water supply.
(c)
To provide for the maintenance of a continuing Comprehensive
Program of Cross Connection Control which will systematically and
effectively prevent the contamination or pollution of all potable
water system(s) under the direct authority of the South Milwaukee
Water Utility.
(2)
BACKFLOW
BACKFLOW PREVENTION
BACKPRESSURE
BACKSIPHONAGE
CROSS CONNECTION
CROSS CONNECTION CONTROL PROGRAM
Definitions.
The undesirable flow of water or mixtures of water and other
liquids, solids gases or other substances under positive or reduced
pressure into the South Milwaukee Water Utility potable supply of
water from any source.
A means designed to prevent backflow caused by backpressure
or backsiphonage; most commonly categorized as air gap, reduced pressure
principle backflow assembly, double check valve assembly, pressure
vacuum breaker assembly, backsiphonage backflow vacuum breaker (spill
resistant pressure vacuum breaker) assembly, pipe applied atmospheric
vacuum breaker, flush tank ballcock, laboratory faucet backflow preventer,
backflow preventer for carbonated beverage machine, vacuum breaker
wall hydrants, (freeze resistant automatic draining type), chemical
dispensing machine, hose connection vacuum breaker, hose connection
backflow preventer, backflow preventer with intermediate atmospheric
vent and barometric loop.
An elevation of pressure in the downstream piping system
(i.e. Pump, elevation of piping, or steam and/or air pressure) above
the utility supply pressure, which would cause or tend a reversal
of the normal direction of flow.
The flow of water or other liquids, mixtures or substances
into the utility's potable water system form 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 the other, the direction of flow
depending on the pressure differential between the two systems.
Policies and procedures for cross connection control and
backflow prevention for the City of South Milwaukee.
B.
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, 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 Wisconsin Department
of Natural Resources.
C.
Responsibility. The South Milwaukee Water Utility and/or the City
of South Milwaukee Plumbing Inspector shall be responsible for the
protection of the public potable water distribution system from contamination
or pollution due to backflow of contaminants or pollutants.
D.
Owner responsibility. The property owner shall be responsible for
the protection of the customer's potable water system. The responsibilities
include the elimination of or protection from all cross connections
on their premises. The owner shall, at their own expense, install,
maintain and test any and all backflow preventers on their premises
in compliance with the Department of Commerce Comm 82.21 requirements
and the utility's "Cross Connection Control Program." The property
owner shall have corrected any malfunction revealed by periodic testing
of any backflow preventer on their 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 means. The property owner shall not install a
by-pass around any backflow preventer unless there is a backflow preventer
of the same type in the by-pass. Property owners who cannot shut down
operation for testing of the backflow prevention assembly must supply
additional assemblies necessary to allow testing and maintenance to
take place. In the event the property owner installs potable water
using fixtures, equipment or appurtenances upstream of a backflow
preventer, such must have its own approved backflow prevention means.
The property owner is required to follow the protection practices
described in the American Water Works Association publication AWWAM-14
titled "Recommended Backflow Prevention and Cross Connection Control,"
United States Environmental Protection Agency publication titled "Cross
Connection Control Manual," Wisconsin Department of Commerce Plumbing
Code, Comm 82-84 and the utility's Cross Connection Control Program,
unless the utility requires or authorizes other means of protecting
the potable water supply system. These requirements or authorizations
will be at the discretion of the utility.
E.
Inspections. It shall be the duty of the utility to cause surveys
to be made of all properties serviced by the utility where cross connections
with the public water system is deemed possible. Residential properties
serviced by the utility shall be surveyed once every 10 years or on
a schedule matching meter replacement. The utility may, but is not
required to, perform the cross connection survey of the customer's
property. If, in the opinion of the utility, the utility is not able
to perform the survey, the property owner must, at their own expense,
have the water system piping surveyed for cross connections by a person
who has been properly trained in accordance with the American Society
of Sanitary Engineers (ASSE) Standard number 5120 as a Cross Connection
Control Surveyor. All non-residential properties serviced by the utility
shall be surveyed on an interval not exceeding two years. The utility
may, but is not required to, perform the cross connection control
survey of the customer's property. If, in the opinion of the utility,
the utility is not able to perform the survey, the property owner
must, at their own expense, have the water piping system surveyed
for cross connections by a person who has been properly trained in
accordance with the American Society of Sanitary Engineers (ASSE)
Standard number 5120 as a Cross Connection Control Surveyor. The frequency
of required surveys and resurveys, based upon the potential health
hazards, may be shortened by the utility.
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 property served by a connection to the public potable
water system of the utility for cross connections. If entry is refused,
such representatives shall obtain a special inspection warrant under
§ 66.122, Wis. Stats. Upon request, the owner, lessee or
occupant of any property served shall furnish to the inspection agency
any pertinent information regarding the piping system on such property.
G.
Authority to discontinue service. The utility is hereby authorized and directed 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 potable water system. Water service shall be discontinued if the means of backflow prevention required by the utility is not installed, tested, maintained and/or repaired in compliance with this ordinance, the Department of Commerce Plumbing Code Comm 82-84 and the utility's "Cross Connection Control Program," or if it is found that the means of backflow prevention required by this ordinance has been removed or bypassed. Except where an emergency (as hereinafter defined) exists, Water service shall be discontinued only after reasonable notice and opportunity for hearing under Ch. 68, Wis. Stats., except as provided in Subsection I of this section.
H.
Reconnection of service. Water service to any property disconnected
under provisions of this ordinance shall not be restored until the
cross connection(s) has been eliminated or a backflow prevention means
approved by the utility has been installed in compliance with the
provisions of this section.
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 City of south Milwaukee
Water Utility Commission.
J.
Additional protection. In the case of premises having (a) cross connections
that cannot be permanently corrected or controlled, or (b) intricate
plumbing and piping arrangements or where entry to all potions of
the premises is not readily accessible for surveying purposes, making
it impractical or impossible to ascertain whether or not dangerous
cross connections exist, the public water supply system shall be protected
in the service line. In the case of any premises where there is any
material dangerous 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 supply system, an approved air gap separation
or an approved reduced pressure principle backflow assembly shall
protect the public water supply system. Examples of premises where
these conditions will exist include premises with auxiliary water
supplies either interconnected or not interconnected with the public
water supply system, premises where inspection is restricted, hospitals,
mortuaries, clinics, laboratories, piers, docks, and other water front
facilities, sewage treatment plants, sewage lift stations, food and
beverage, processing plants, chemical plants using a water process,
metal processing plants or nuclear reactors, car washing facilities
and premises with reclaimed water systems. In the case of any presence
of toxic substances, the utility may require an approved air gap or
reduced pressure principle backflow assembly at the service connection
to protect the public water supply system. This requirement will be
at the discretion of the utility.
K.
Public water supplies. This section is not intended to supercede
the State of Wisconsin Department of Natural Resources Administrative
Code NR 810. In the event of a conflict between the NR 810 and this
ordinance, the provisions in NR 810 shall prevail but whenever possible
this ordinance shall be read to conform to and supplement the provisions
of the NR 810.
L.
Plumbing Code. The Wisconsin uniform Plumbing Code, Chapter Comm
82-84, Wisconsin Administrative Code, is hereby adopted by reference
and made part of this ordinance as though fully set forth herein.
In the event of a conflict between the Wisconsin Uniform Plumbing
Code and this ordinance, the provisions of the Wisconsin Uniform Plumbing
Code shall prevail but whenever possible this ordinance shall be read
to conform to and supplement the provisions of the Wisconsin Uniform
Plumbing Code.
No person shall enter a claim for damage against the City of
South Milwaukee as a Water Utility or any officer thereof for damage
to any pipe, fixture, or appurtenance by reason of interrupted water
supply or variation of pressure or for damage of any nature whatsoever
caused by the turning off or turning on, either wholly or partially,
of the water supply for the extension, alteration, or repair of any
water main or premises supply or for the discontinuance of the premise
water supply for the violation of any rules or regulations of the
South Milwaukee Water Department. No claims will be allowed against
the City on account of the interruption of the water supply caused
by the breaking of pipes or machinery or by stoppage for repairs on
account of fire or other emergency, and no claims shall be allowed
for any damage caused by the breakage of any pipe or machinery.
The utility reserves the right to shut off the water in the
mains temporarily to make repairs, alterations or additions to the
plant or system. When the circumstances will permit of sufficient
delay, the utility will give notification by newspaper publication
or otherwise of the discontinuance of the supply. No rebate or damages
will be allowed to consumers for such temporary suspension of supply.
The Water Utility Commission may issue orders limiting the use
of water for sprinkling of lawns, gardens and similar uses during
such periods, times or days as the water storage supply and pumping
facilities may require limitation of use for other consumer uses.
[Amended 1-7-1992 by Ord.
No. 1502]
The Common Council reserves the right to modify any rules contained
in this chapter or to make such additional regulations as may be found
necessary for the better protection of the public interest in the
management of the waterworks, provided such changes shall be approved
by the Public Service Commission of Wisconsin.
[Amended 1-7-1992 by Ord.
No. 1502]
Any person who shall violate any of the provisions of this chapter
of the Municipal Code shall, upon conviction, pay a forfeiture of
not less than $50, nor more than $1,000, plus court costs. Each day
a violation continues constitutes a separate violation and is subject
to a separate forfeiture.
[Added 3-20-1990 by Ord.
No. 1458]
A.
Purpose. To prevent contamination of groundwater and to protect public
health, safety and welfare by assuring that unused, unsafe or noncomplying
wells or wells which may serve as conduits for contamination or wells
which may be illegally cross-connected to the Municipal Water System,
are properly abandoned.
B.
Applicability. This ordinance applies to all wells located on premises
served by the South Milwaukee Municipal Water System.
C.
MUNICIPAL WATER SYSTEM
NONCOMPLYING
PUMP INSTALLATION
UNSAFE
UNUSED
WELL
WELL ABANDONMENT
Definitions.
A system for the provision of to the public of piped water
for human consumption when such system has at least 15 service connections
or regularly serves at least twenty-five-year-round residents owned
or operated by a City, village, county, town, town sanitary district,
utility district or public institution as defined in § 49.10(12)(f)1,
Wis. Stats., or a privately owned water utility serving any of the
above.
A well or pump installation which does not comply with the
provisions of Ch. NR 812, Wisconsin 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.
[Amended 1-19-1999 by Ord. No. 1725]
The pump and related equipment used for withdrawing water
from a well including the discharge piping, the underground connections,
pitless 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 140, Wisconsin Adm. Code,
or for which a Health Advisory has been issued by the Department of
Natural Resources of the State of Wisconsin.
[Amended 1-19-1999 by Ord. No. 1725]
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, Wisconsin Adm. Code.
[Amended 1-19-1999 by Ord. No. 1725]
D.
Abandonment required. All wells on premises served by the Municipal
Water System shall be abandoned in accordance with the terms of this
ordinance and Ch. NR 812, Wisconsin Adm. Code, no later than one year
from the date of connection to the Municipal Water System unless a
Well Operation Permit has been obtained by the well owner from the
South Milwaukee Water Utility Superintendent.
[Amended 1-19-1999 by Ord. No. 1725]
E.
Well operation permit. The South Milwaukee Water Utility Superintendent
may grant a permit to a private well owner to operate a well for a
period not to exceed five years providing the conditions of this section
are met. The Superintendent or his/her 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 Utility. The charge for permits and
renewals shall be established by resolution of the Water Utility Commission.
The following conditions must be met for issuance or renewal of a
Well Operation Permit:
[Amended 1-19-1999 by Ord. No. 1725; 4-5-2000 by Ord. No. 1764]
(1)
The well and pump installation meet or are upgraded to meet the requirements
of Ch. NR 812, Wisconsin Adm. Code.
[Amended 1-19-1999 by Ord. No. 1725]
(2)
The well construction and pump installation have a history of producing
bacteriologically safe water as evidenced by at least two samplings
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.
(3)
There are no cross-connections between the well and pump installation
and the Municipal Water System.
(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.
[Amended 1-19-1999 by Ord. No. 1725]
(1)
All wells abandoned under this ordinance shall be abandoned according
to the procedures and methods of Ch. NR 812, Wisconsin Adm. Code.
All debris, pump, piping, unsealed liners and any other obstructions
which may interfere with sealing operation shall be removed prior
to abandonment.
(2)
The owner of the well or the owner's agent shall notify the Utility
at least 48 hours prior to commencement of any well abandonment activities.
The abandonment of the well shall be observed by such employees of
the South Milwaukee Water Utility or its agents as the Utility may
designate.
(3)
An abandonment report form, supplied by the Department of Natural
Resources, shall be submitted by the well owner to the Utility and
to the Department of Natural Resources within 10 days of the completion
of the well abandonment.
[Added 11-21-2023 by Ord. No. 2249]
A.
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, and pregnant women and their unborn children, and
are also potentially harmful to adults. The Common 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 South Milwaukee Water Utility distribution system.
B.
Authority. This section is enacted pursuant to §§ 62.11(5)
and 196.372, Wis. Stats.
C.
CUSTOMER-SIDE LEAD SERVICE LINE or CUSTOMER-SIDE LSL
CUSTOMER-SIDE SERVICE LINE
DISTRIBUTION SYSTEM
LEAD SERVICE LINE or LSL
NONCOMPLIANCE PENALTIES
PLUMBING CONTRACTOR
PREQUALIFIED PLUMBING CONTRACTOR
PROPERTY
PROPERTY OWNER
PSC
SMWU
UTILITY MANAGER
UTILITY-SIDE LEAD SERVICE LINE or UTILITY-SIDE LSL
UTILITY-SIDE SERVICE LINE
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:
A customer-side service line constructed of lead or galvanized
material.
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.
The network of water pipes, including mains and service lines,
owned and operated by SMWU.
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.
These may include, but not necessarily be limited to, violation citations pursuant to § 10.26, elimination of financial assistance, service disconnection, or other actions deemed permissible by the PSC and/or SMWU.
A person, firm, corporation or other entity licensed by the
State of Wisconsin to perform plumbing work in the City.
A plumbing contractor approved by the Utility Manager.
Real property as defined in § 70.03, Wis. Stats.
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.
Public Service Commission of Wisconsin.
The abbreviation will identify South Milwaukee Water Utility,
the City utility responsible for operating the City's public
water system.
The Superintendent of the SMWU or his or her designee.
A utility-side service line constructed of lead or galvanized
pipe.
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.
D.
Lead service line replacement requirement.
(1)
As provided in this chapter, all existing lead service lines connected
to the SMWU distribution system shall be replaced with water service
lines constructed of materials approved by the City.
E.
Identification of customer-side lead service lines.
F.
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.
(2)
If a customer-side service line is constructed of lead, SMWU will
notify the property owner of that fact in writing. SMWU will also
notify the property owner that the property owner must replace the
customer-side LSL in conjunction with SMWU's scheduled replacement
of the utility-side service lines.
(3)
At least 45 days prior to the date of the scheduled replacement of
the utility-side service line, SMWU 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.
(4)
Within 30 days of receipt of the replacement notice, the property
owner must either:
(a)
Allow the SMWU to replace the customer-side service line; or
(b)
Schedule the replacement of the customer-side LSL to coincide
with the scheduled replacement of the utility-side service line, in
which case the property owner shall promptly notify SMWU 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.
(5)
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.
(6)
A property owner who follows the procedures detailed in § 10.28F(4)(a) may be eligible to receive financial assistance for the customer-side LSL replacement cost and be specially assessed pursuant to § 22.10, except that the assessment rate shall be 0.25%.
G.
Replacement of customer-side lead service line where only the customer-side
portion of the service line is lead.
(1)
For any property in which a customer-side service line is constructed of lead and the SMWU notifies the property owner of that fact in writing, the property owner must, unless § 10.28F applies:
(2)
A property owner who follows the procedures detailed in § 10.28G(1)(a) may be eligible to receive financial assistance for the customer-side LSL replacement cost and be specially assessed pursuant to § 22.10, except that the assessment rate shall be 0.25%.
H.
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 of
receiving written notice.
(2)
The Utility Manager or his or her designee may extend the time for
replacement up to 36 months of the customer-side portion of a customer-side
LSL that has been identified and noticed to be replaced under this
chapter 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. Financial assistance pursuant
to Subsection 1 may be impacted by any extension granted under this
section per DNR determinations.
I.
Financial assistance for customer-side LSL replacements.
(1)
The City of South Milwaukee may provide an eligible property owner
with financial assistance to replace a customer-side LSL. Grant funding
that is awarded to the City of South Milwaukee through the Wisconsin
DNR Safe Drinking Water Loan Program in the form of principal forgiveness
will be passed along to the property owner. Additional financial assistance
through the City will be made available at the discretion of the Common
Council. If grant funds are depleted, the program will not continue.
The Wisconsin DNR Safe Drinking Water Loan Program determines principal
forgiveness amounts based on priority scoring on an annual basis.
This program allows for the SMWU on the behalf of the City of South
Milwaukee to apply for LSL replacement funding utilizing individual
or a combination of census tracts. There are seven census tracts in
the City of South Milwaukee. Each census tract may qualify for different
amounts of principal forgiveness. The amount of principal forgiveness
each census tract qualifies for will be determined by the Department
of Natural Resources on an annual basis.
(2)
The SMWU will administer the lead service line financial assistance
program on behalf of the City of South Milwaukee.
(3)
Financial assistance granted to eligible property owners shall be
in accordance with the following priority:
(a)
For properties with leaking or failed customer-side or SMWU-side
service lines.
(b)
For properties where the SMWU is replacing the utility-side
service line, on either a planned or emergency basis.
(c)
For properties with licensed child-care facilities and schools.
(d)
For properties where children under the age of seven or pregnant
people reside.
(e)
To all remaining properties with customer-side LSLs.
(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 a customer-side
LSL.
(b)
The property owner's customer-side LSL is either attached
to a utility-side service line that is not an LSL, or a utility-side
LSL scheduled for replacement and for which the property owner has
been notified by the SMWU of such scheduled replacement.
(5)
Written applications for financial assistance shall include the following:
(a)
A completed application on a form furnished by the SMWU signed by the property owner of Subsection I(4)(a), above. The completed application form shall include a certification by the property owner that attests that all eligibility criteria are met.
(c)
Unless the replacement is part of an SMWU LSL replacement project,
the property owner shall provide copies of written quotes from at
least two prequalified plumbing contractors for the replacement of
the customer-side LSL. A prequalified plumbing contractor is one that
either is on the SMWU's prequalified plumbing contractor list,
or is a plumbing contractor that is properly licensed to work in the
State of Wisconsin, has filled out a prequalification form at the
SMWU office, and has been accepted by the SMWU.
(6)
Prior to commencement of any work, the SMWU shall determine if the
property owner is eligible for financial assistance, and if there
is money available to provide financial assistance to replace the
customer-side LSL. Such determination shall be provided in writing
to the property owner who applied.
(7)
Customer-side service line replacement work must be accomplished
in a worker-like manner and be coordinated with any SMWU replacement
work.
(8)
Upon completion of the customer-side service line replacement, the
property owner shall provide SMWU with a copy of the invoice from
the plumbing contractor. Upon proof of completion satisfactory to
the SMWU, the SMWU shall pay directly to the plumbing contractor the
amount of financial assistance approved by the SMWU for replacement
of the customer-side LSL. The SMWU shall notify the property owner
of the payment.
(9)
In addition to the provision of grants, the SMWU may provide financial
assistance for customer-side LSL replacements in the form of loans.
In accordance with § 66.0627, Wis. Stats., the SMWU shall
require that an eligible property owner enter into a loan agreement
which provides that loan repayments be paid in annual installments,
with installment payments being placed on the tax roll as a special
charge. The total amount of grants and loans provided as financial
assistance by the SMWU may not exceed the actual cost of replacement
of the customer-side LSL.
(10)
Disputes regarding eligibility for financing may be appealed
to the Water/Wastewater Commission.
J.
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.
K.
Authority to discontinue service. If a property owner fails to replace
a customer-side LSL as required by this section, SMWU may in accordance
with its water utility tariffs, discontinue water service to such
property until the customer-side LSL is replaced.
