The purpose of this chapter is to regulate and control the operation
and use of the public water system within the Town of Rome in order
to promote the public health, safety and general welfare of the Town
and its citizens. This chapter is designed to promote reasonable water
service for the community and to set forth equitable service systems
so as to obtain the maximum public benefit.
The Town Board adopts by reference the State Plumbing Code,
Wis. Admin. Code Chapter SPS 382.
This chapter does not supersede the state plumbing code or any
other provision of the Town code but is supplementary to them.
The water utility is authorized and directed to discontinue
water service to any property wherein any connection in violation
of this chapter exists, and to take such other precautionary measures
deemed necessary to eliminate any danger of contamination of the public
water system. Water service shall be discontinued only after reasonable
notice and opportunity for hearing under Wis. Stats. Ch. 68. If applicable,
water service to such property shall not be restored until the cross-connection
has been eliminated to comply with the provisions of this chapter.
The water utility shall be known as the "Rome Water Utility."
[Amended 9-6-2018 by Ord.
No. 18-11; 6-4-2020 by Ord. No. 20-11]
A. The Rome Water Utility shall be owned by the Town of Rome. As provided
in § 66.0805(6), Wis. Stats., the Water Utility shall be
managed and operated by the Town Administrator, subject to the supervisory
control of the Town Board of Supervisors. Supervisory control by the
Town Board shall include, but not be limited to, review and approval
by the Town Board of:
(1) The annual operating and capital budget of the Utility;
(2) Where capital investments or equipment purchases would exceed the
approved annual operating and capital budgets and require the borrowing
of money which will become a general obligation of the Town;
(3) Public improvement construction contracts, lease agreements, and
other similar capital or long-term contracts; and
(4) Requesting water rate adjustments through the Public Service Commission.
[Amended 6-4-2020 by Ord. No. 20-11]
A. Annually, the Town Administrator shall prepare and recommend to the
Town Board a Water Utility budget for the next succeeding fiscal year.
B. Such budget shall include proposed user charge rates for the next
succeeding fiscal year. The budget shall be based on the best available
and most recent available information regarding flow, loading, equivalent
meters, OM&R costs and other relevant factors, and may include
estimates reasonably derived from the data available. The OM&R
costs shall include, without limitation, estimated expenses for personnel,
capital expenditures, operation of the system, insurance, and maintenance
of the facility for the ensuing fiscal year, as well as those costs
specifically enumerated elsewhere in these regulations.
C. The Water Utility shall establish and maintain a financial management
system, which shall be subject to an independent audit on an annual
basis by a certified public accountant. The financial management system
shall be maintained in accordance with DNR, EPA and PSC requirements
and generally accepted municipal accounting practices.
D. The Water Utility shall annually have prepared by a certified public
accountant a financial audit for the prior year. The certified public
accountant shall be approved and retained by the Water Utility. The
audit shall be prepared in accordance with generally accepted municipal
accounting practices and it shall include statements in reasonable
detail, accompanied by an opinion of the accountant performing the
audit, of financial condition, revenues, operating expenses and of
all funds by or for the Water Utility. A copy of the audit shall be
delivered to the Town Clerk/Treasurer.
Any electrical grounding to the municipal water system shall
be made on the curbside of the water meter and shall be exposed and
visible.
[Amended 6-4-2020 by Ord. No. 20-11]
A. The Town Administrator, after consulting with the Water Utility Director,
may declare a water emergency within the areas of the Town serviced
by the water utility when in its opinion a water shortage exists.
A water shortage shall be deemed to exist when the water level in
the Town's elevated water storage tank cannot be maintained at a constant
level due to a low groundwater table, mechanical failures or for any
other reason.
[Amended 2-18-2021 by Ord. No. 21-04]
B. A water emergency shall not be deemed to be in effect until the Administrator
shall provide for publication of a notice of such declaration as a
Class 1 notice as provided by law. Such emergency shall remain in
effect until publication of notice by the Administrator that the emergency
no longer exists.
C. Except as otherwise authorized by the Administrator, no person shall,
during the existence of a water emergency, use any water except water
from private sources for sprinkling of lawns, gardens and other vegetation;
nor shall any such person use any such water for the private washing
of vehicles. If authorized, such uses shall only be conducted on even-numbered
days of the month for those premises bearing an even-numbered house
number and on the odd-numbered days of the month for those premises
bearing an odd-numbered house number.
Extensions are governed by the Public Service Commission's operating rules and rate file. [Schedule No. Cz-1, X-2, X-3.] Extensions may be paid by special assessment pursuant to Chapter
45, Finance and Taxation, Article
II, Special Assessments, of the Town Code.
When a customer's premises has several buildings, each supplied
with service and metered separately, the full service charge will
be billed for each meter separately, and the readings not accumulated.
If these buildings are all used in the same business and are not connected
by the customer, they can be metered in one place. If the water utility,
for its own convenience, installs more than one meter, the readings
will be cumulated for billing.
Metered service rates when meters become available shall apply
to all building and construction water service.
If any provision of this chapter conflicts with rules or orders
issued by the Wisconsin Public Service Commission, such rules or orders
shall prevail.
Any person who shall violate any of the provisions of this chapter shall, upon conviction of such violation, be subject to forfeiture for such violation(s) as provided in §
1-3 of the Town Code. In addition to the forfeiture provided in §
1-3, the Town may seek other remedies including appropriate injunctive relief for said violations in a court of competent jurisdiction.
As used in this chapter, the following terms shall have the
meaning indicated:
APARTMENT
A room or suite of rooms in a multiple-family structure,
which is arranged, designed, used or intended to be used as a single
housekeeping unit. Complete kitchen facilities, permanently installed,
must always be included for each apartment.
FINANCIAL INSTITUTION
A bank, credit union, savings and loan or other business
providing conventional financial services that is regulated by the
Wisconsin Department of Financial Institutions and the Federal Deposit
Insurance Corporation.
GRADE
The average level of the finished surface of the ground adjacent
to the exterior walls of the building or structure.
NONCOMPLYING
A well or pump installation which does not comply with § NR
812.42, Wisconsin Administrative Code, Standards for Existing Installations,
and which has not been granted a variance pursuant to § NR
812.43, Wisconsin Administrative Code.
OCCUPANCY
Pertains to and is the purpose for which a building is used
or intended to be used.
OCCUPANT
Any person occupying or having use of a building, structure,
premises of any part thereof.
PERSON
Includes a corporation, firm partnership, association, organization
and any other group acting as a unit as well as individuals, including
a personal representative, receiver or other representative appointed
according to law. Whenever the term "person" is used in any section
of this chapter prescribing a penalty or fine, as to partnerships
or associations, the work shall include the partners or members thereof,
and as to corporations, shall include the officers, agents or members
thereof who are responsible for any violation of such section.
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.
STREET
Any public highway or alley and shall mean the entire width
between the boundary lines of any public way where any part thereof
is open to the public for purposes of vehicular traffic.
STRUCTURE
Anything constructed or erected, the use of which requires
a more or less permanent location in or on the premises, or any other
attachment to something having a permanent location on the ground,
which includes, but is not limited to, objects such as buildings,
mobile homes, gas or liquid storage tanks, bridges, culverts, decks,
fences, satellite dishes or swimming pools.
TOWN
The Town of Rome, Adams County, Wisconsin, or any duly appointed
designate thereof, including, but not limited to, the Town Board and
Town committees.
TOWN BOARD or BOARD
The present governing body of the Town or any successors
to the legislative power of said body, or any duly appointed designate
thereof.
UNSAFE WELL OR PUMP INSTALLATION
One which produces water which is bacteriologically contaminated
or contaminated with substances which exceed the drinking water standards
of Ch. NR 140 or 809, Wisconsin Administrative Code, or for which
a Health Advisory has been issued by the Department of Natural Resources.
VEHICLE
A motor vehicle, trailer, semitrailer or mobile home, whether
or not such vehicle is registered under Wisconsin Law.
WELL
A drilled hole or other excavation or opening deeper than
it is wide that extends more than 10 feet below the ground surface
constructed for the purpose of obtaining groundwater.
WELL ABANDONMENT
The proper filling and sealing of a well according to the
provisions of § NR 812.26, Wisconsin Administrative Code.