City of Fond du Lac, WI
Fond du Lac County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Fond du Lac at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
GENERAL REFERENCES
Building, plumbing, heating and electrical standards — See Ch. 255.
Fires and fire prevention — See Ch. 343.
Mobile homes and mobile home parks — See Ch. 460.
Property maintenance — See Ch. 512.
Wastewater collection and treatment systems — See Ch. 639.
Subdivision of land — See Ch. 705.
Zoning — See Ch. 720.
A. 
Title. The City owned and operated Water Utility shall be known as "Fond du Lac Water Utility."
B. 
Management and operation. Pursuant to § 66.0805(6), Wis. Stats., the management and operation of the Fond du Lac Water Utility, the same being a public utility owned by the City, shall be under the supervision of the Director of Public Works, who shall hire a Manager to be in charge of the Utility.
C. 
Accounts kept separate. The accounts of the Water Utility shall be kept separate and distinct from those of all other departments of the City and shall be in accordance with generally approved bookkeeping methods and subject to such other regulations as the Wisconsin Public Service Commission shall prescribe. The accounts of the Water Utility shall be audited in time and manner similar to that provided for the audit of City accounts. Disbursements of moneys shall be only as provided by this Code.
D. 
Construction work. Water Utility work may be done without submitting bids. The laying of water mains, pipes and services together with the proper trenching may be done by the Water Utility directly without the submitting of bids or the Utility may choose to publicly bid a project.
E. 
Rates. The City Council shall from time to time by resolution or ordinance, as it determines, establish rates for water users in the City and for water users outside the City who are connected with the system. The rates, rules and regulations shall be established in the manner provided by law.
F. 
Funds. The City Council by resolution may separate the division of income from the Water Utility into operation, maintenance and depreciation or any other divisions or classifications as it shall deem necessary for the operation of the Water Utility. The apportionment may be changed by resolution of the Council as circumstances may from time to time require.
It is hereby stipulated, as a condition of the granting of water supply by the City of Fond du Lac Water Utility, that all persons now under grant of such water supply, or who may hereafter make application therefor, shall be considered as having agreed to be bound by the rules and regulations that are herein or may hereafter be prescribed and filed with the Public Service Commission of Wisconsin.
No person shall file a claim for damages against the City as a Water Utility, or any officer thereof, for damages to any pipe, fixture, or appurtenance by reason of interrupted water supply or variation of pressure or temperature, or for any 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 discontinuance of the premises water supply for the violation of any rule or regulation of the Fond du Lac Water Utility. 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, or on account of fire or other emergency. The City does not assume any liability for injuries to any person or any property by reason of any defect in said appliances or installation thereof, or by reason of any inspection or permits authorized herein.
No person, except the Water Utility, shall lay, install, relay, repair, break open or make connections with any public water main without applying for and obtaining a permit from the City of Fond du Lac Water Utility or its authorized representative.
A. 
General connection requirements.
(1) 
Each dwelling or other building within the corporate limits of the City of Fond du Lac used for human habitation, or other buildings where human beings are in need of water facilities, which is located upon or adjacent to any street in and along which public water mains have been laid, or which has reasonable access to public water main, shall be connected with an individual connection to said water main.
(2) 
The owner of a multiunit dwelling has the option of having a metered water supply to each unit from a single connection to the public water system. The owner, by selecting this option, is required to provide interior plumbing and meter settings to enable the individual supply to each unit and also 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 rates, rules and regulations.
(3) 
No more than one building shall be supplied from each individual water service.
(4) 
A domestic water service shall not be used as a supply for a fire protection system, nor shall a fire protection service be used for domestic purposes except where a four-inch or larger connection is made to the main. The domestic water service shall be metered ahead of intended use.
(5) 
The installation of any pipe, valve, or conduit in any manner connected to the municipal water system so as to result in connection of a private water supply, sanitary sewer, storm sewer, or any other fluid or substance which might result in the introduction of a foreign substance into the municipal water system is prohibited.
B. 
Pipe.
(1) 
Size. The water service pipe shall be of sufficient size to furnish water to the property in the quantities and at the pressure required in Ch. SPS 382, Wis. Adm. Code. The minimum inside diameter of any service pipe shall be 3/4 inch.
(2) 
Materials. The water service pipe from the public water main to any property shall be high-density polyethylene or Type K copper for services ranging from 3/4 inch to two inches, polyvinyl chloride (PVC), ductile iron, cast iron, high-density polyethylene (HDPE) pressure pipe, or other materials approved by the Utility. All materials used within bounds of or beneath an area subject to easement for highway or street purposes or public rights-of-way shall be subject to acceptance by the Utility. Additionally, installation of a tracer wire is required with construction of polyethylene, PVC and HDPE services or mains.
C. 
Service valves.
(1) 
Location. Domestic services shall include an approved valve to be located at the main, a curb stop or valve between the property line and the street, and valves inside the building, one on the supply side and one on the building side of the meter. Fire protection services shall include an approved valve in the right-of-way and a valve inside the building followed by an approved check valve.
(2) 
Materials. Domestic curb stop valves for service size of two inches and under shall be Tyler 6500 Series adjustable screw-type cast iron service boxes consisting of a lid, top section, extension section, bottom section and base that are adjustable from 60 to 84 inches. Services four to 12 inches shall be an approved resilient-seated gate valve and box. Valves required on fourteen-inch or larger mains shall have an approved butterfly valve and box.
D. 
Connection to main. Any connection to the main shall be of sufficient size to furnish water to the property in the quantities and at the pressures required by Ch. SPS 382, Wis. Adm. Code. All connectors shall be made with an approved corporation stop, service saddle, tapping water valve and sleeve, or other approved connection depending on the connection and main size. Only one tap or connection to the main will be permitted for each service. Corporation stops shall be the ball valve type. All fittings for services up to two inches shall be cast brass. Fittings shall have a uniform wall thickness and strength and be free of defects. Service saddles shall be used on all one-and-one-half-inch and two-inch services and shall be stainless steel strap type. Insulation used for frost protection shall be expanded or extruded polystyrene foam insulation with a minimum thickness of two inches with a minimum R value of 8.7 and have a minimum compressive strength of 40 psi.
E. 
Construction.
(1) 
General. To prevent highly chlorinated water from entering the service pipe, services shall only be connected to the new water main after final flushing has been completed and a safe bacteriological sample has been obtained. The minimum size of water services shall be 3/4 inch, unless otherwise noted and approved. A copper or polyethylene water service shall consist of a corporation stop, service saddle if required, service pipe (polyethylene wrapped for copper pipe; tracer wire with polyethylene pipe), and a curb stop with box. The corporation stop and curb stop shall be the same size as the service pipe. The service pipe will extend from the corporation stop to the curb stop without additional joints or couplings.
(2) 
Bedding. Unless otherwise approved, water services shall have Class B bedding.
(3) 
Alignment and grade. Unless otherwise approved, the service pipe shall be constructed at a right angle to the roadway or parallel to the sanitary sewer lateral. New water services shall be constructed with a minimum cover of 6.5 feet and a minimum of two feet vertical separation between any storm sewer. Curb stops shall be placed at a depth between six and seven feet below established or proposed grade. Where 6.5 feet of cover or the two-foot vertical separation from a storm sewer cannot be maintained, the water service shall be insulated.
(4) 
Testing. The water service installation shall be tested for leaks prior to the placement of backfill and before the curb box is installed. The corporation stop at the water main shall be turned on and the curb stop opened until full flow of water is obtained. The cub stop shall then be turned off and all joints and couplings checked for leaks. Upon acceptance of the service piping, the remainder of the installation work shall be completed.
F. 
Inspection. No plumber shall cover or permit the covering of any water service line until the installation has been inspected and approved by a representative of the Fond du Lac Water Utility.
G. 
Private lead water service line replacement.
[Added 2-8-2017 by Ord. No. 3629]
(1) 
Purpose and findings. The City Council finds the purpose and findings of this ordinance to be as follows:
(a) 
To ensure that the water quality at every tap of Fond du Lac Water Utility customers meets the water quality standards specified under the federal Safe Drinking Water Act;[1]
[1]
Editor's Note: See 42 U.S.C. § 300f.
(b) 
Disturbance of lead water service lines, particularly partial lead service line replacement, has been shown to increase lead levels in drinking water;
(c) 
Reconnection of existing lead water service lines to new water service lines has been shown to increase lead levels in drinking water;
(d) 
Full replacement of lead service lines, as opposed to partial replacement, can reduce exposure to lead in drinking water; and
(e) 
Because of the significant risks to public health and safety posed by disturbance of lead water service lines and reconnection of lead to other service lines, the City has a strong public health interest in remediating privately owned lead water service lines under certain circumstances.
(2) 
Authority. This subsection is enacted pursuant to §§ 62.11(5) and 281.12(5), Wis. Stats., Ch. SPS 384 of the Wis. Adm. Code and as mandated by 42 U.S.C. § 300g of the federal Safe Drinking Water Act, enforced by the EPA and the WDNR.
(3) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
CITY
The City of Fond du Lac.
CUSTOMER-SIDE WATER SERVICE LINE
The water conduit pipe running from the customer's meter to the curb stop, which is the Water Utility shut-off valve, usually located six feet into the street right-of-way.
DIRECTOR and DIRECTOR OF PUBLIC WORKS
The Director of Public Works or his/her designee, which may include the Water Utility Manager.
EPA
The United States Environmental Protection Agency.
FEDERAL SAFE DRINKING WATER ACT
42 U.S.C. §§ 300f through 300j-26.
LEAD WATER SERVICE LINE
A service made of lead which connects the water main to the building inlet and any lead pigtail, gooseneck or other fitting which is connected to such lead line.
LICENSED PLUMBER
Any persons licensed as such by the Department of Safety and Professional Services pursuant to Ch. 145, Wis. Stats.
OWNER
Any person, manager, or persons otherwise exercising control over properties within the Fond du Lac Water Utility system.
PERSON
Has the meaning set forth in § 1-1C.
PPB
Parts per billion.
PRIVATELY OWNED PORTION OF A LEAD WATER SERVICE LINE
The section of water service piping from the outlet joint of the curb stop to the outlet of the water meter outlet valve, with the exception of the water meter itself, regardless of the ownership of the property upon which the piping is located.
PROPERTY
Any possessory interest, legal or equitable, in real property, including an estate, trust, or lien, and any buildings, structures and improvements thereon.
UTILITY-OWNED PORTION OF A LEAD WATER SERVICE LINE
The section of water service piping from the main to, but not including, the outlet joint of the curb stop.
WATER UTILITY
The City of Fond du Lac public water utility system, also known as "Fond du Lac Water Utility."
WDNR
The Wisconsin Department of Natural Resources.
(4) 
Replacement requirement. The privately owned portion of a lead water service line shall be replaced whenever any of the following occurs, subject to the exceptions in Subsection G(5):
(a) 
A leak or failure has been discovered on either the privately owned or utility-owned portion of the service line.
(b) 
The utility owned portion of the line is replaced on either a planned or emergency basis.
(5) 
Exceptions.
(a) 
The Director may extend the time for replacement of the private lead service line required under Subsection G(4) if the customer so requests and demonstrates a compelling need, unless the Director determines that doing so will create an imminent threat to the health, safety or welfare of the public.
(b) 
Guidelines for the consideration of requests under Subsection G(5)(a) will be established by the Fond du Lac Water Utility, the Director and the City Manager.
(6) 
Notice. The City will provide notices to owners as specified below:
(a) 
Leak or emergency replacement. In the event of a service line leak or failure under Subsection G(4)(a) or an emergency replacement of the utility-owned portion of the service line, the Director shall provide written notice of the replacement requirement to the owner upon the Director's determination that replacement of the service line is required.
(b) 
Planned replacement. In the event of a planned replacement under Subsection G(4)(b), the Director shall provide written notice of the replacement requirement to the owner at least 45 days prior to the commencement of the planned replacement of the utility-owned portion of the service line.
(7) 
Owner election. Upon receipt of the notice in Subsection G(6), the owner shall, within 10 business days, elect one of the following by giving written notice to the City:
(a) 
Replace the privately owned portion of the lead service line at the owner's expense by contracting with a licensed plumber. The work shall be performed in accordance with all applicable state, federal, local and utility regulations.
(b) 
Have a City contractor replace the privately owned portion of the lead service line.
(8) 
Financing of replacement by City contractor. The Water Utility may administer lead service replacement programs. If the owner elects to have a City contractor complete the replacement under Subsection G(7)(b), the cost of replacing the privately owned portion of the lead service line may be eligible to be paid in accordance with the City's special assessment ordinance.
(a) 
City subsidy. Subject to the availability of grants or similar funding for the City to use for the lead service replacement programs, a property owner who meets the criteria in Subsection G(8)(b) may be eligible to receive a subsidy towards the cost of replacing the privately owned portion of the lead water service line required by Subsection G(4). The City will establish the maximum amount that it will provide as a subsidy, depending on grant availability or similar funding and the number of homes participating in the program.
(b) 
Eligibility criteria. A property owner will be eligible for the City subsidy provided in Subsection G(8)(a) if the property owner submits to the Director documentation that all of the following conditions are met:
[1] 
The property is a one-, two-, three- or four-family dwelling.
[2] 
The owner agrees to have the work performed by a City contractor.
[3] 
The owner signs a hold harmless agreement holding the City harmless and free from any claim or liability for damage done in performance of the water service line replacement work.
[4] 
The owner executes a temporary right of entry and construction easement authorizing the City and its contractor access into the dwelling as needed in order to complete the connection.
[5] 
The property qualifies for the subsidy under the applicable grant or similar funding rules.
(9) 
Requirements for owners ineligible for subsidy. Any owner who elects to have a City contractor perform water service line replacement required by Subsection G(4) and is not eligible for City subsidy must, prior to the commencement of this work:
(a) 
Execute a hold harmless agreement holding the City harmless and free from any claim or liability for damage done in performance of the water service line replacement work.
(b) 
Execute a temporary right of entry and construction easement authorizing the City and its contractor access into the dwelling as needed in order to complete the connection.
(10) 
Enforcement. If the owner fails to comply with this subsection within the time specified, the Director may apply for and obtain an appropriate court-issued warrant pursuant to §§ 66.0119 and 196.171, Wis. Stats., to gain access to the property and have the required work performed pursuant to § 281.45, Wis. Stats. The cost of this work may be assessed and collected as a special assessment/charge on the property.
(11) 
Violations and penalties. Except as otherwise specifically provided, any person who violates any provision of this chapter may be subject to a penalty as provided in § 1-4 of this Code.
All fire protection services shall conform to § 642-5 of these rules. All fire service systems, including fire sprinklers, shall be installed in accordance with the National Fire Codes. A check valve shall be installed on all fire services after the shutoff valve, inside the building wall and ahead of all fire hose connections. When fire services are laid to a building, the service shall be turned on only by the Water Utility after the fire protection system is inspected and approved.
No person shall lay any water service pipe or make any attachment to any old pipe or fixture which has been shut off by the Water Utility or make any new connection to the water main pipes or do any kind of plumbing work in or about any water pipe or fixture belonging to the Water Utility without written permission from the Water Utility for that purpose.
A. 
All water services from the point of maintenance by the Water Utility to and throughout the premises must be maintained free of defective conditions by and at the expense of the owner or occupant of the property.
B. 
If the property owner fails to repair an existing leak or broken service pipe between the curb stop and the point of metering within such time as may appear reasonable to the Utility after notification, the water will be shut off, and remain off, until the repair is made.
C. 
When any water service is to be relayed and there are two or more buildings on such service, each building shall be disconnected from such service and a new service shall be installed for each building.
D. 
Frozen water service lines. The City will comply with the Wisconsin Public Service Commission regulations regarding frozen water service. Additionally, the City of Fond du Lac Water Utility requires that all properties served by the City of Fond du Lac Water Utility shall take reasonable precautions to prevent the water service from freezing.
[Added 5-28-2014 by Ord. No. 3548]
E. 
Protection from freezing.
[Added 5-28-2014 by Ord. No. 3548]
(1) 
When extended cold weather increases the risk of water main or service line freezing, the City may authorize or request certain water users to let water run in order to minimize such risk. The City shall maintain records of such users. When so authorized, the water and sewer charges on the customer's bill will be adjusted to reflect historic usage.
(2) 
Water users who have reason to believe that their service is in danger of freezing may contact the Utility for authorization to let the water run as noted above.
(3) 
No adjustment of billing will be made for water left running to prevent freezing of pipes other than the water service line (e.g., interior plumbing).
A. 
The original installation of service pipes, including all excavation, materials and the connecting of such service pipes with the main and all related street and public land replacement and repair, shall be at the expense of the property owner.
B. 
The expense of laying new service pipes from the main through the curb stop in advance of street construction or rehabilitation shall be at no cost to the property owner. Upon proper installation, inspection and approval, all services from the main through the curb stop become the property of the Water Utility and shall be maintained by the Water Utility. Where an existing service must be relaid from the main to the curb stop by the Water Utility because of its condition and the owner wants an increase in size of service pipe, he shall pay for all cost over and above the cost of replacing the original size of service. Any time an existing service is relaid for the purpose of increasing its size and a new and larger tap is made to the main, all existing service pipes that are to be discontinued shall be disconnected and the main taps properly plugged.
A. 
Location. Each service pipe by means of which water is delivered by the Water Utility to a consumer (except such service pipes used solely for fire protection) shall be connected to an adequately sized meter to accurately measure the amount of water delivered through such pipe. It shall be the duty of the owner of any premises to provide a location for the water meter and to maintain such location and passageway thereto clean and sanitary and free from any obstructions or any condition of a hazardous nature. Water meters shall not be located below any stairway, landing, or platform unless there is provided a space not less than four feet above the center line of the water meter supply line. No connection for water meters shall be installed in any location not easily accessible or which is, or may be, unclean, unsanitary or in any manner hazardous to Water Utility employees in the discharge of their duties. No meter shall be placed in any pit or manhole without special permission from the Utility or its duly authorized representative.
B. 
Installation.
(1) 
All meters shall be installed in a horizontal setting, where the service pipe enters the building wall or rises through the floor, and shall be provided with two gate or other full way valves, one on the supply side and one on the building side of the meter setting.
(2) 
For all meters of 1 1/2 inches or less in size, the piping for the meter shall allow for a slight horizontal adjustment between the tail pieces of the meter and shall be so installed that the bottom of the meter will be not less than 12 inches and not more than 30 inches above the adjacent floor level.
(3) 
All meters two inches or larger in size shall be supported by a steel or concrete stand to be furnished by the owner. The meter shall be set a minimum clear distance away from any wall or immovable object as follows: two-inch meter: 12 inches; three-inch meter and larger: 14 inches. The bottom of the meter shall be set not less than 18 inches and not more than 36 inches above the adjacent floor level.
(4) 
All meters 1 1/2 inches or larger in size shall have a bypass, with a sealed valve, installed around the meter setting and sized as required by the State Plumbing Code.
(5) 
Whenever a water service pipe is extended to the property beyond the curb stop and properly flushed and tested, a water meter shall be installed immediately. The plumbing shall be so arranged that no water can be taken or supplied to the building and fixtures for which the meter was intended unless it will pass through and be registered by such meter. Licensed plumbers or their employees shall not leave turned on after the completion of work any water supply not protected by a meter, nor shall any licensed plumber or employee turn on, except for testing, any supply previously turned off by the Water Utility.
(6) 
The plumbers who make the service extension shall give the Water Utility at least 24 hours' notice of the time when the piping will be ready for the meter. All meters shall be sealed by the Water Utility, and the seals may be broken only by the Water Utility or when authorized by the Water Utility.
(7) 
In no case shall a pipe coupling be inserted in the line in place of a meter unless authorized by the Water Utility. Any person violating this provision will be required to pay an amount equal to the amount of damage sustained by the Water Utility, by reason of loss or damage to the meter, and loss of revenue due to smaller registration of the meter. If the violator is a consumer, the water will be shut off and will remain so until the proper amount is paid. If the violator is a plumber, no further applications will be considered until the proper amount is paid.
C. 
Maintenance. All water meters will be maintained by the Water Utility in the manner required by the Public Service Commission of Wisconsin. However, once delivered and installed, the owner of the premises shall be liable for all repairs made necessary by freezing, hot water backup, damage or negligence on the part of his contractor, himself, family or tenants, and the cost of repairs shall be collected in the same manner as water bills.
D. 
Water meter removal.
(1) 
Meters shall be left in the condition and manner as set by the Water Utility and shall not be interfered with in any manner whatsoever. No meter shall be moved or disturbed without special permission from the Water Utility except that the property owner may order the water shut off and the meter removed if the building is to be vacant.
(2) 
When premises are to be vacated, moved or torn down the Water Utility shall be notified at once so that it may remove the meter and shut off the supply at the curb stop. The owner of the premises shall be liable to prosecution for any damage to Utility property by reason of failure to notify the Water Utility of need to discontinue service.
E. 
Tampering with water meter. When the Water Utility has reasonable evidence that a consumer is obtaining water supply, in whole or in part, by means of devices or methods used to stop or to interfere with the proper metering of the water service being delivered to his system, the Water Utility reserves the right to estimate and present a bill for the water service unmetered as a result of such interference, and such bill shall be payable subject to a twenty-four-hour notice of disconnection. If the Water Utility disconnects the consumer for any such reason, it will reconnect the consumer only after any and all damages to its equipment due to such stoppage or interference with metering are paid to the Water Utility and the consumer agrees to comply with the requirements of the Water Utility.
A. 
The owner or occupant of premises receiving water shall apply and maintain suitable means of protection of the premises supply, and the 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. There shall likewise be provided means for the prevention of the transmission of water hammer, or noise of operation of any motor, valve or appliance, through the water piping of his own or adjacent premises into the water distribution system.
B. 
Any installation which tends to generate water hammer pressures shall install an approved shock arrestor to prevent water hammer waves from getting back into the water distribution system or damaging the water meter. All water supply lines to water or steam boilers shall comply with Ch. SPS 382, Wis. Adm. Code, in regards to backflow prevention and valving.
It shall be considered a condition of the granting of water supply from the Water Utility that the owner or occupant of any or all premises receiving such water supply shall grant any authorized representative of the Water Utility free access to the premises, or any part thereof, during reasonable hours of the day, for the inspection of the piping, water meter, or appurtenances for the distribution and control of the water supply, or of the use of such supply, or for the installation, removal, repair, or reading of any water meter or the inspection of the location thereof. Any person who refuses entry on receipt of a notification of the purpose of the entry shall be subject to the penalties provided herein. Owners and tenants shall make arrangements with the Water Utility to gain entrance to read or repair water meters when buildings are unoccupied.
A. 
It shall be unlawful for any person to willfully pollute or contaminate any water supplied by the waterworks system in any reservoir or pipe used in the waterworks system for holding, conveying or distributing water.
B. 
It shall be unlawful for any person to in any way obstruct access to any fire hydrant, valve or corporation box connected with the City water pipes by placing or planting any building materials, rubbish, bushes, trees or other hindrances thereon or therein. The consumer shall protect the stop box in his terrace or boulevard and shall keep the same free from dirt and other obstructions.
C. 
No person, except those specifically authorized, shall operate any valve or fire hydrant or other equipment that is part of, or connected to, the public water system.
D. 
No unauthorized person shall tamper with, damage, deface or interfere with the works, pipes, hydrants, barricades or other property of the Water Utility, and no person shall throw or shoot any missile at a City water tank. No person shall climb upon the same or ladder leading thereto unless authorized by the Water Utility.
A. 
The Water Utility shall have the right of recovery from all persons of any expense incurred by said Utility for the repair or replacement of any water service pipe, water meter, curb stop, valve, valve box, hydrant or other Utility equipment damaged in any manner by any person during the performance of any work under his control or by any negligent act.
B. 
Owners or operators of motor vehicles will be held liable for the cost of repair of any hydrant damaged by them, and the Water Utility will not be responsible for the damage due the motor vehicle by reason of such accident.
The City and all of its various departments, except the Water Utility, shall pay to the Water Utility the reasonable cost and value of any service rendered by the Water Utility, and the City shall pay to the Water Utility an annual maintenance charge for hydrants in such amount as the Council shall by separate resolution determine.
A. 
To provide adequate fire protection for persons and property within the City and ensure protection of the public health and safety of the residents of the City without placing an undue financial burden upon the City taxpayers, and to effectively coordinate Water Utility operations with other public works activities, and for the purpose of conserving the available water supply, it is hereby determined that it is necessary to specifically limit the territory in unincorporated areas which the municipal Water Utility holds itself out to serve.
B. 
Pursuant to § 66.0813(3), Wis. Stats., the City acts to restrict its holding out to provide water service in unincorporated areas.
C. 
The City reserves the right to further limit the area by subsequent action.
D. 
The City Clerk shall transmit a certified copy of this section to the Public Service Commission of Wisconsin.
E. 
The extension and furnishing of water and water service outside the corporate limits of the City shall be subject to the rules and regulations governing water takers inside the City, with the following exception: the water rate will be the urban general service rate plus a surcharge of 25% or any other rate as may be fixed by the Wisconsin Public Service Commission.
A. 
The Fond du Lac Water Utility provides water as a public utility under Ch. 196, Wis. Stats., and the rates and regulations of the Utility are developed and ordered by the Public Service Commission of the State of Wisconsin as authorized under §§ 196.03, 196.20 and 196.37, Wis. Stats., and any amendments or modifications thereto. The rates and regulations of the Fond du Lac Water Utility in effect at any time are the authorized rates and regulations on file with the Public Service Commission, and copies of these rates and regulations are available in all office and stations of the Fond du Lac Water Utility.
B. 
Customers of the Fond du Lac Water Utility, a water public utility, are informed of new rates as they become effective as required by § PSC 185.33(1), Wis. Adm. Code.
A. 
Purpose. The purpose of this section is to provide the authority to levy assessments upon property for payment for the construction, reconstruction or improvement of water mains or other additions to the water system in undeveloped areas within the City and newly annexed areas to the City in a fair and equitable manner as prescribed by the governing body of the City.
B. 
Procedures. In authorizing the Water Utility to finance improvements to the water system through special assessments, the City, by reference, incorporates the procedures as contained in the Wisconsin Statutes, including any amendments thereto.
C. 
Determination of assessment cost. The City may levy and collect special assessments upon property in the determinable area for the special benefits conferred upon such property with the improvements to the water system in a fair and equitable manner and may provide for the payment of all or any part of the cost of the work or improvement out of the proceeds of such assessments. The cost of such work or improvement may include, but shall not be limited to, all construction costs, including rock removal and supplementary bedding, dewatering, and survey, inspection and engineering costs, if applicable and so authorized.
(1) 
An assessment rate will be established by the Council in an amount to offset all or any part of the cost of such work or improvement. Said rate shall be assessed to the abutting property owners according to the frontages in Subsection D, Determination of assessable frontage. Residential areas shall be assessed for the cost of installation of six-inch diameter water main and nonresidential areas for the cost of installation of eight-inch water main, with excess cost for installing larger mains to be borne by the Water Utility.
(2) 
If, prior to the improvement of a street by the installation of curb, gutter, pavement or other permanent surfacing, or when ordered by the Director of Public Works or his/her designee, service laterals are extended from the water main through the curb stop by City forces or by public contract, the cost of such installation shall be borne totally by the property served. Payment for such installation shall be made as outlined in Subsection E, Assessment payment, of this section.
D. 
Determination of assessable frontage.
(1) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
FRONTAGE
That portion of a lot or parcel of land which lies immediately adjacent to a public street or public alley. On corner lots or parcels, frontage is considered to be the short side facing a public street.
SIDE FRONTAGE
On corner lots or parcels, side frontage is considered to be the long side facing a public street or public alley.
REAR FRONTAGE
On lots or parcels having frontage on two public streets or on a public street and public alley, rear frontage is considered to be the side facing the street or alley at the rear of the lot, house or future structure.
(2) 
Determination of individual lot or parcel assessment.
(a) 
Assess full frontage (short side on corner lots or parcels), minimum assessable frontage on any lot or parcel being 60 feet.
(b) 
Assess that side frontage on corner lots or parcels over and above 120 feet when lot or parcel is served on both sides.
(c) 
Exempt rear frontage on lots or parcels having double frontage which are served on both frontages, except if the lots or parcels are large enough for potential division in accordance with all applicable laws.
(d) 
When water mains are installed along the side frontage (long side) of a corner lot or parcel first, assess full frontage together with the side frontage subject to the above one-hundred-twenty-foot exemption.
E. 
Assessment payment. Special assessments for the improvements provided for in this section may be paid in equal annual installments together with interest at the rates determined by the Common Council, uniform with other City special assessments.
F. 
Liens on property. Any special assessment levied under this section shall be a lien against the property assessed from the date of the final resolution of the Council determining the amount of the levy.
The Water Utility is directed to add fluoride to the water supply system of the City of Fond du Lac in a manner prescribed by the Department of Natural Resources of the State of Wisconsin to attain a fluoride concentration of approximately 0.7 part per million.
A. 
General policy.
(1) 
Purpose. The purpose of this section is:
(a) 
To protect the health and welfare of users of the public potable water supply of the City of Fond du Lac from the possibility of contamination or pollution of the potable water system under the direct authority of the City of Fond du Lac Water Utility.
(b) 
To promote 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 systems under the direct authority of the City of Fond du Lac Public Water Utility.
(2) 
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, solids, gases or other substances under positive or reduced pressure into the City of Fond du Lac Water Utility potable supply of water from any source.
BACKFLOW PREVENTION
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.
BACKPRESSURE
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.
BACKSIPHONAGE
The flow of water or other liquids, mixtures or substances into the Utility's potable water 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 the other, the direction of flow depending on the pressure differential between the two systems.
CROSS-CONNECTION CONTROL MANUAL
Policies and procedures for cross-connection control and backflow prevention for the City of Fond du Lac.
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, 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 Wisconsin Department of Natural Resources.
C. 
Responsibility. The City of Fond du Lac Water Utility is responsible for the protection of the public potable water distribution system from contamination or pollution due to backflow of contaminants or pollutants. The Utility shall charge fees according to the Utility's Cross-Connection Control Manual for maintaining and administering a comprehensive cross-connection control protection plan.
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 his premises. The owner shall, at his own expense, install, maintain and test any and all backflow preventers on his premises in compliance with the requirements of §§ SPS 382.21 and 382.22(8), Wis. Adm. Code, and the Utility's Cross-Connection Control Manual. The property owner shall correct any malfunction revealed by periodic testing of any backflow preventer on his 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 bypass around any backflow preventer unless there is a backflow preventer of the same type in the bypass. 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 AWWA M-14 titled "Recommended Backflow Prevention and Cross-Connection Control," United States Environmental Protection Agency publication titled "Cross-Connection Control Manual," Chs. SPS 382 to 384, Wis. Adm. Code, and the Utility's Cross-Connection Control Manual, 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-connection with the public water system is deemed possible.
(1) 
Residential properties serviced by the Utility shall be surveyed on a ten-year interval. 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 his 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.
(2) 
All nonresidential 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 his 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.
(3) 
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 § 66.0119, Wis. Stats. The Utility shall charge the property owner a per day fee according to the Utility's Cross-Connection Control Manual for refusal to allow entry to examine any property. 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 section, Chs. SPS 382 to 384, Wis. Adm. Code, and the Utility's Cross-Connection Control Manual, 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 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 section shall not be restored until the cross-connection 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 Fond du Lac City Council and shall conform to all existing due process requirements.
J. 
Additional protection. In the case of premises having 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 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 be in place to 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 waterfront facilities, sewage treatment plants, sewage lift stations, food and beverage facilities, 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 does not supersede Ch. NR 811, Wis. Adm. Code, but is supplementary to it.
L. 
Plumbing Code. The City of Fond du Lac Water Utility adopts by reference the Wisconsin Uniform Plumbing Code being Chs. SPS 382 to 384, Wis. Adm. Code. This section does not supersede the Wisconsin Uniform Plumbing Code and/or § 255-39 of this Code but is supplementary to them.
M. 
Any person violating the provisions of this section shall be subject to the penalty provided by § 1-4 of this Code.
No person shall violate any emergency water usage rule issued pursuant to the regulations of the Water Utility. Any person found guilty of violating this section shall be subject to a penalty as provided in § 1-4 of this Code.
A. 
Definitions. Terms used in this section have the following meanings:
AIR-CONDITIONING SYSTEM
An installation for maintenance, by heat removal, of temperatures which are not less than 60° F.
AIR-CONDITIONING SYSTEM AND REFRIGERATION SYSTEM
Any combination of equipment, whether compressor or other type, by which heat is removed from the air and from which the accumulated or effluent heat is wholly or partially removed by the use of water.
REFRIGERATION SYSTEM
An installation for maintenance, by heat removal, of temperatures which are less than 60° F.
SYSTEM
Any combination of apparatus, individual unit, group or collection of units supplied with water through any single customer service pipe connected to the public water system.
WATER OPERATIONS MANAGER
The chief officer of the City Water Utility or such officer or agent as he shall authorize to act in enforcement of these regulations.
B. 
Permit required. No person shall install, operate or use any equipment for air conditioning or refrigeration which requires a supply of water from the system of the Water Utility without first having procured a written permit from the Water Operations Manager.
C. 
Application for permit.
(1) 
Application for permit shall be made to the Water Operations Manager and shall provide the following information:
(a) 
Name and address of the applicant.
(b) 
Location of the premises where installation is proposed.
(c) 
Name and address of the owner of the premises.
(d) 
Names of manufacturers of units requiring water.
(e) 
Manufacturer's identification and classification of the refrigeration units.
(f) 
Manufacturer's rating of maximum refrigerative capacity of the unit or units under the conditions of the planned installation. (Rating may be stated in tons per 24 hours or in BTU per hour.)
(g) 
Horsepower of compressor prime mover, if unit is of compressor type.
(h) 
Where water conservation devices are required, the manufacturer's name, identification, classification and size of the conservation equipment.
(i) 
Such additional information as shall be required by the Water Operations Manager.
(2) 
Applications shall be signed by the owner or tenant, and applications for installation shall designate a plumber qualified to receive permits under other sections of this Code. For the purpose of this section, in no event shall the rated capacity in tons be considered less than the following:
(a) 
Total maximum BTU per hour of capacity of the installation divided by 12,000.
(b) 
The nameplate horsepower of any compressor prime mover unit for any air conditioning installation.
(c) 
Two-thirds the nameplate horsepower of Subsection C(2)(b) above for any refrigeration installation.
(3) 
In the absence of the required manufacturer's maximum rating, the Water Operations Manager may specify the tonnage of the installation at the ratings indicated by Subsection C(2)(a), (b) or (c) above, or if these appear inadequate, then by whatever other measure of capacity that appears to him to be proper.
D. 
Permit to install. Permits to install piping or connect equipment will be issued by the City Water Utility, but only in the name of licensed and bonded plumbers who are registered to perform plumbing work within the area of the premises involved, or to plumbers in the employ of the municipal, state or federal governments for premises in their respective charge. All air-conditioning and refrigeration units shall be connected to storm sewers wherever possible instead of sanitary sewers. Within 48 hours following the completion of any work authorized by permit, notice of completion and request for inspection shall be returned, in writing, by the plumber receiving the permit to the office from which the permit was obtained. Inspection shall be as provided by this section.
E. 
Permit to operate. After final inspection and approval of the installation a permit to operate or use the equipment will be issued at the Water Utility, in the name of the owner or tenant. The permit shall be on an annual basis and automatically renewed without making application therefor but may be subject to revocation by action of the City Council pursuant to this section. All refrigeration units that are in excess of three tons of refrigeration per twenty-four-hour period must have a permit to operate.
F. 
Water use and conservation.
(1) 
Systems with a capacity of three tons or less per 24 hours will be permitted to operate subject to the following conditions:
(a) 
That the use of water shall not exceed 1 1/2 gallons per minute per ton of refrigeration.
(b) 
That the system shall be equipped with an automatic regulating valve which will:
[1] 
Stop the flow of water when the refrigeration equipment is shut down.
[2] 
Throttle the flow of water down to the momentary requirements of the system.
(2) 
All systems having total capacities of more than three tons per 24 hours shall be equipped with evaporative condensers, cooling towers, spray ponds or other water cooling equipment and the water cooling equipment shall be of sufficient capacity to ensure that the quantity of makeup water required will not exceed 0.15 gallon per minute per ton of refrigeration when operating under full loading at maximum summer temperatures.
G. 
Sanitary protection. On installations which operate with the use of water directly from the public supply system, every direct connection shall be equipped with a suitable brass body, brass-fitted check valve installed in the branch supply line of each unit. Standard meter couplings shall be installed on the branch water supply line to each air-conditioning or refrigeration system to permit the measurement, when necessary, of the amount of water consumed by the system. Discharge connections for the disposal of wastewaters shall be in strict accordance with the applicable rules and regulations of state and local health and regulatory bodies. Cooling waters which are to be reused for other purposes shall be provided with free, above-the-rim discharge before entering other equipment; otherwise, permission shall be obtained, in writing, from the Water Operations Manager approving the proposed connections and use. On installations other than those described above, there shall be a physical break between the public water supply piping and the piping of the installation so arranged as to make impossible backsiphonage to the public water supply system.
H. 
Revocation of permit. Any permit which is issued under these regulations to operate or use equipment may be revoked by the City Council for any one of the following reasons:
(1) 
Failure of the holder of the permit to discontinue using water for the purposes covered by the permit immediately upon notice issued by the Water Operations Manager after there has been a declaration by the Council declaring an emergency or such declaration to forestall an impending emergency. The notice shall be mailed by the Water Operations Manager or served in the usual manner for service of process.
(2) 
Alterations, changes of equipment or piping, improper operation or lack of maintenance which results in conditions that:
(a) 
Are hazardous to the potable water supply either within the premises or in supply mains.
(b) 
Cause unnecessary waste of water.
(3) 
The use of water is found to exceed the quantities permitted under Subsection F of this section.
I. 
Effective dates. For new installations, these regulations shall be effective 15 days after adoption. Publications shall be made in accordance with provisions of any applicable laws, acts, opinions, ordinances or regulations. Existing installations shall be modified to conform to the provisions of these regulations; applications to operate shall be filed and permits shall be obtained.
A. 
Purpose. The purpose of this section is to prevent contamination of groundwater and to protect public health, safety and welfare by assuring that unused or noncomplying private wells, or private wells which may serve as conduits for contamination, or wells which may be illegally cross-connected to the City water system, are properly abandoned.
B. 
Connection to public water system. Within one year of annexation to the City of Fond du Lac, any property having dwellings or other buildings used for human habitation, or other buildings where human beings are in need of water facilities, which is located upon or adjacent to any street in and along which public water mains have been laid, or which has reasonable access to a public water main, shall reconfigure plumbing so that the building is no longer able to draw from a previously used private well and instead be connected with an individual connection to the public water system for all water used domestically within the property. A preexisting private well may continue to be utilized for outdoor use, provided that there are no cross-connections to the public system.
C. 
Applicability. This section applies to all private wells located on premises served by the City of Fond du Lac municipal water system.
D. 
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, pitless 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 exceedance of the standards of Ch. NR 809, 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.
E. 
Abandonment required. All private water supply wells or pump installations which are not currently used for outdoor use or found to be in noncompliance with Ch. NR 812, Wis. Adm. Code, or wells which test unsafe, shall be abandoned in accordance with Ch. NR 812, Wis. Adm. Code.
F. 
Well operation permit. The Water Utility may grant a permit to allow retention of private water supply systems which are found to be safe and in compliance with Ch. NR 812, Wis. Adm. Code, with the limitation that the owner shall demonstrate a need for continued current use. The following conditions must be met for issuance or renewal of any well operation permit:
(1) 
Bacteriological sampling, consisting of obtaining a minimum of one safe sample prior to issuing or reissuing the permit which establishes that the water is safe for human consumption.
(2) 
No cross-connections may be made between any private well and pump installations and the City water system.
(3) 
The private well and pump installation meet any and all requirements of Ch. 812, Wis. Adm. Code, and any amendments thereto.
(4) 
The applicant agrees that the permit shall be valid for a period of no more than two years, which permit may be renewed unless otherwise revoked.
G. 
Abandonment procedures.
(1) 
All private wells abandoned under this section shall be abandoned according to the procedures and methods of Ch. NR 112, 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.
(2) 
The owner of the well or the owner's agent shall notify the Water Utility at least 48 hours prior to commencement of any well abandonment activities. The abandonment of the well may be observed by the Water Utility or its agent.
(3) 
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.
H. 
Permit and inspection fee. The Water Utility may charge a reasonable fee for a permit to allow retention of a private water supply system as well as a reasonable fee for inspection of the abandonment of any well.
Any person found to be in violation of any provision of this chapter or any order, rule or regulations, Wisconsin Statutes, Wisconsin Administrative Code or any other materials which are incorporated by reference shall be subject to a penalty as provided in § 1-4 of this Code.