Article I Water Utility

Public Service Commission rules adopted. All persons now receiving a water supply from the Water Utility or who may hereafter make application therefor, providing that such application is for the provision of water supply to a structure located within the corporate boundaries of the Village, and any person, firm or corporation by attachment to the water system, or otherwise by contract or agreement coming within the Village water service area, shall be considered as having to be bound by all the rules and regulations as filed with the State Public Service Commission.

Application. Application for water service shall be made in writing on a form furnished by the Water and Sewer Committee. The application shall contain a legal description of the property to be served, including tax key number, name of applicant, use to be made of service and such other information as the Utility may require.

Conditions for service. Service shall be furnished only if the following conditions are met:

Applicant has installed or agrees to install a service pipe from the water main in the street to the point of use in conformance with § 350-5 specifications.

Applicant pays required hookup charge.

(c)

Premises have adequate piping beyond metering point.

(4)

Multiunit metering.

The owner of a multiunit dwelling has the option of being served by individual metered water service to each unit. The owner, by selecting this option, shall provide interior plumbing and meter settings to enable individual metered service to each unit and individual disconnection without affecting service to other units.

Each meter and meter connection shall be a separate Water Utility customer for the purpose of the filed rules and regulations. The owner is responsible for and subject to § 350-3 of this chapter.

(5)

Division of water service prohibited. No division of water service of any lot or parcel of land shall be made for extension and independent meterage of the supply to an adjoining lot or parcel of land. No division of a water supply service shall be made at the curb for separate supplies therefrom for two or more separate premises having frontage on any street or public service strip, whether owned by the same or different parties.

(6)

Approval may be withheld. The Committee is hereby empowered to withhold approval of any application wherein full information of the purpose of such supply is not clearly set forth by the applicant property owner.

(7)

Extraterritorial water service area delineated. The Water Utility is hereby authorized to provide water service to the following delineated areas only, located outside the corporate boundaries of the Village:

1.	A part of the SW 1/4 of Section 30, T2N, R17E, Walworth County, Wisconsin, described as follows: Parcel more particularly described as commencing at the SW corner of Section 30, T2N, R17E; thence S 89° 57' 32" E, 60.00 feet to the place of beginning; thence N 0° 06' 28" E parallel to the West line of Section 30, 796.66 feet; thence S. 89° 53' 32" E, 155.76 feet to the center line of State Highway 50; thence S 37° 01' 32" E, along the center line of said Highway 50, 391.17 feet; thence S 0° 28' 32" E, 484.34 feet to the South line of said Section 30, thence N 89° 57' 32" W along the South line of said Section 30.396.72 feet to the place of beginning.
	Excepting therefrom that part conveyed to the State of Wisconsin, Department of Transportation, by deed recorded February 13, 2003, as Document No. 543841.
	Tax Key No. JG 3000010
2.	Lots 1 and 2 of Certified Survey Map No. 1386, recorded September 7, 1984 in Volume 6 of Certified Surveys on page 243 as Document No. 107713, being located in the Northwest 1/4 of Section 31, T2N, R17E, Town of Geneva, County of Walworth and State of Wisconsin.
	Tax Key No. JA 138600001 and JA 138600002
3.	A parcel of land located in the Southeast 1/4 of the Northeast 1/4 of Section Town 1 North, Range 16 East, Town of Walworth, County of Walworth, State of Wisconsin, described as follows, to wit:
	Commencing at the East 1/4 Section corner of said Section 2; thence North 389.18 feet along the East line of Section 2; thence West 280.00 feet; thence South 389.18 feet; thence East 280.00 feet to the point of beginning.
	Tax Key No. EW2000009
	The Water Utility shall not provide water service to areas located outside the corporate boundaries of the Village other than the areas delineated above.

Service contract.

The minimum service contract period shall be one year, unless otherwise specified by special contract or in the applicable rate schedule. Where a customer requests that he be disconnected prior to expiration of his minimum contract period, where his account is not delinquent and where thereafter he requests the reconnection of service, a reconnection charge, as provided in the Village Fee Schedule, payable in advance shall be collected. The minimum contract period is renewed with each reconnection.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

There shall be a reconnection charge as provided in the Village Fee Schedule for consumers whose services are disconnected because of nonpayment of bills when due, including disconnection for failure to comply with deposit or guarantee rules.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

A person shall be considered as the same consumer provided the connection is required for the same premises by any member of the same family or, if a place of business, by any partner or employee of the same business.

Turning on water. Water cannot be turned on for a consumer, except by an authorized employee of the Utility during normal business hours. When a plumber has completed his work, he shall leave the water turned off. Such plumber may test his work, but when such testing is completed, he shall leave water shut off. A water service that is turned on without authorization shall subject the property owner to a forfeiture for such violation.

Stop boxes. The consumer shall protect the stop box on his property and shall keep the same free from dirt and other obstructions. The Utility shall not be liable for failure to locate stop box and shut off water in case of a leak on the consumer's premises. The consumer shall allow access to the stop box by and not interfere with Utility personnel.

Thawing frozen services.

Frozen services shall be thawed out by and at the expense of the Utility, unless freezing was caused by contributory fault or negligence by the consumer, such as reduction of grade, improperly installed consumer service pipe, etc.

Following freezing of a service, the Utility shall take such steps and issue such instructions as may be necessary to allow the water to flow to prevent refreezing. The consumer shall make provisions for proper disposal of the wastewater. The charge for water shall be adjusted to allow a credit for water permitted to run as a result of Utility instructions. Credit will not be allowed if ordered to run due to negligence or fault as stated in Subsection E(1) above.

Installation or removal of meters.

Meters shall be furnished and placed or removed by the Utility upon a minimum 24 hours' advance notice during normal business hours. The property owner or agent must be present when water is turned on by the Utility. Meters are not to be disconnected or tampered with by the consumer. All meters shall be located in the basement or other suitable place within the building so that they are protected from obstructions and permit ready access thereto for reading, inspection and servicing, such location to be designated or approved by the Director of Public Works. Outdoor meter pits shall not be acceptable. All piping within the building shall be supplied by the consumer. The consumer shall allow access to the meter by the Utility on a regular and reasonable basis in order to read the meter and perform maintenance.

There shall be only one meter permitted per residential Water Utility customer. A residential Water Utility customer shall not have the option of being served by more than one water meter.

Service piping for meter settings.

Where a new customer whose service is to be metered installs the original service piping, where an existing metered customer changes his service piping for his own convenience or where an existing flat rate customer requests to be metered, the customer shall at his expense provide a suitable location and proper meter connections.

The Director of Public Works shall be consulted as to the type and size of meter setting. For one-inch diameter meters, a preassembled meter yoke shall be installed. For meters larger than one-inch diameter, the setting shall be designed by a master plumber and approved by the Director of Public Works. The setting shall include a valved bypass, meter isolation valves, an in-line tee to permit water diversion to a comparison meter and couplings that allow easy removal of the service meter.

Repairs to meters.

Meters shall be repaired by the Utility. The cost of such repairs caused by ordinary wear and tear shall be borne by the Utility.

Repair of any damage caused by carelessness of the owner of the premises, his agents or tenants or from the negligence of any 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 presence of hot water or steam in the meter, shall be paid for by the consumer or the owner of the premises should the consumer fail to pay.

Charges for water wasted due to leaks. When the meter registers losses due to pipe leaks, the Utility shall determine whether the defect in the piping or equipment was known to the customer or, being known, he had used his best efforts to correct the conditions. If the Utility determines that the loss occurred without the consumer's knowledge or, having known about it, he had tried to correct the condition, the Utility may determine as nearly as possible what is the amount of loss by comparison with the use of the water during a like period and the excess may be billed at the lowest step in the rates. However, if the consumer knew of the leak and failed to give proper attention to it, the Utility shall bill for the total consumption shown by the meter at regular rates.

Failure to read meters.

Where the Utility is unable to read a meter after two successive tries, that fact shall be indicated on the bill, the minimum charge applied and the difference adjusted when the meter is read again. The bill for the succeeding quarter shall be computed with the gallons in each block of the rate schedule doubled and credit shall be given on that bill for the amount of the minimum bill paid the preceding month.

Only in unusual cases or when approval is obtained from the consumer shall more than two consecutive estimated bills be rendered where the billing period is two months or more. A period of estimated billing shall not exceed one year.

If the meter fails to operate, the bill shall be based on average use during the corresponding quarter of the past year, unless there is some reason why the use was not normal. If the average use cannot be properly employed, the bill shall be estimated by some equitable method.

Repairs to mains. The Utility reserves the right to shut off water in the mains temporarily to make repairs, alterations or additions to the plant or system. When the circumstances permit sufficient delay, the Utility shall give notification by newspaper publication or otherwise of the discontinuance of the supply. No rebate or damages shall be allowed to consumers for such temporary suspension of supply.

Handling water mains and service pipes in trenches.

Where excavating machines are used in digging, all water mains shall be maintained at the expense of the contractor.

Contractors shall ascertain for themselves the existence and location of all service pipes. Where they are removed, cut or damaged in the construction, the contractor shall, at his own expense, cause them to be replaced or repaired at once. Such repair shall not cause water service to any consumer to be shut off more than six hours.

Settling main or service trenches. Trenches in streets shall be refilled with approved granular backfill in accordance with state highway specifications or Village specifications where more restrictive. The contractor shall be responsible for repair of all settled trenches for one year from date of completion.

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 one-half-inch drain pipe shall be connected to the relief valve for discharge on the floor or into a sink or open drain through an air gap. No stop valve shall be placed between the hot water tank and the relief valve or on the drain pipe.

No claims for damages.

No person shall enter a claim for damages against the Village, the Water and Sewer Committee as a Utility or any officer thereof for damage to any pipe, fixture or appurtenances by reason of interrupted service, variation of pressure or for damage caused by turning off or turning on, whether wholly or partially, the water supply or for the discontinuance of the premises' water supply for violation of any rule or regulation of the Water Utility.

No claims shall be allowed against the Village on account of the interruption of the water supply caused by the breaking of pipes or machinery or by stoppage for repairs from fire or other emergency. No claims shall be allowed for any damage caused by the breakage of any pipe or machinery.

Purity of supply not to be impaired by cross-connections. Every person owning or occupying a premises receiving Village water supply shall maintain such water supply free from any connection, either of a direct or indirect nature, with a water supply from a foreign source or of any connection with any fixture or appliance, whereby water from a foreign supply or the waste from any fixture, appliance, waste or soil pipe may flow, be siphoned or pumped into the piping of the Village water system. Installation shall be subject Article II, Cross-Connections, of this chapter, and must adhere to all the requirements of § NR 811.09, Wis. Adm. Code.

Operation of valves and hydrants. Any person who shall without authority of the Committee operate any valve connected with the street or supply mains, open any fire hydrant connected with the distribution system except to extinguish fire or who shall damage or impair the same shall be subject to a forfeiture as provided herein.

Inspection of premises. Any officer or authorized employee of the Utility shall have the right of access during reasonable hours to any premises supplied with service for inspection or enforcement of the Utility's rules and regulations.

Vacation of premises. Before premises are to be vacated, the Utility shall be notified so it may remove the meter and turn off the water at the curb valve. The owner of the premises shall be liable to prosecution for any damage to Utility property by failing to notify the Utility of vacancy.

Tap permits.

After water connections have been made to any building or upon any premises, no person shall have any tap or connection with the pipe upon such premises for alterations, extensions or attachments, unless the person requesting such work shall have obtained and shall exhibit the proper permits therefor from the Village. All plumbing work shall be subject to the state and local regulations regarding plumbing.

If any internal plumbing changes are required at the time of connection to the Utility, the cost of such changes and related permits are the responsibility of the property owner.

Consumers to conserve water. Consumers shall keep the hydrants, taps, water closets, urinals, baths or other fixtures allotted to their use closed, except when obtaining water for use, and shall be responsible for any damage or injury that may result to others from the improper use of such water.

Surreptitious use of water.

When the Utility has reasonable evidence that a consumer is obtaining his water supply, in whole or in part, by means of devices or methods used to stop or interfere with proper metering of the Utility service being delivered to his equipment, the Utility reserves the right to estimate and present immediately a bill for service unmetered as a result of such interference. Such bill shall be payable subject to a twenty-four-hour disconnection of service. When the Utility has disconnected the consumer's service for such reason, the Utility shall reconnect the consumer's service upon the following conditions:

The consumer shall deposit with the Utility an amount sufficient to guarantee payment of his bills for Utility service.

The consumer shall pay the Utility for any damages to its equipment on the consumer's premises due to such stoppage or interference with its metering.

(c)

The consumer shall agree to comply with reasonable requirements to protect the Utility against further losses including, but not limited to, inspections of the premises by the Utility.

Sections 98.26 and 943.20, Wis. Stats., relating to water service are hereby adopted by reference and made a part of these rules.

Consumer to keep in repair.

Consumers shall keep their own service pipes, stop cocks and apparatus in good repair and protected from frost at their expense and shall prevent any unnecessary waste of water and overburdening of the system. All expenses related to bringing water into buildings or private premises and connections with the system shall be paid by the applicant.

No charge shall be made for the services of the Utility employee to direct where and how the mains shall be tapped and excavations made in the street for laying pipe.

Consumer use only. No consumer shall supply water to others nor allow others to take it off his premises or to connect to the system.

Consumer to permit inspection. Each consumer shall permit the Utility or its authorized agent at any reasonable hour to enter their premises or building to examine the water meter, pipes, fixtures and the manner in which water is used and drains operate. Such consumers shall answer all questions put to them relative to water consumption.

Turning on services. Water shall not be turned on into any building or private service pipe without a written order of the authorized agent or employee of the Utility. Plumbers are hereby prohibited from turning water on into any service pipe, except with permission of the Utility or its agent. This rule shall not be construed to prevent any plumber from admitting water to the pipes. When the water has been turned off by order of the Utility or its agent, no consumer shall turn it on nor permit it to be turned on without written permission of such Utility or agent thereof.

§ 350-5 Water lateral installation.

Permit required. No person shall install water laterals unless he is a master or journeyman plumber licensed by the State Department of Safety and Professional Services and shall have obtained a permit from the Village Clerk.

Bond required. No plumber shall be issued a permit hereunder unless he shall have filed with the Village Clerk a bond in the amount of $1,000 approved by the Village Attorney, conditioned that he will indemnify the Village for all damages arising from his work and that he will restore the streets, sidewalks and pavements to as good a condition as when he found them, which includes proper backfilling and settling.

Tapping mains.

No person, except a master plumber with the Water and Sewer Committee's special permission or persons in the Committee's service and approved by it, shall tap into mains or distribution pipes or insert stop cocks or ferrules therein. The kind and size of connection with the mains shall be those specified in the permit or order from such Committee. The expense thereof shall be paid by the permittee. This function shall include the tapping of the main, the placing of the corporation cock and the inspection of the line before the ditch is backfilled.

Mains shall be tapped on the side and not within 24 inches of any joint nor within 12 inches of another tap. Taps less than three feet apart shall be staggered from each other at a minimum angle of 30°. The minimum diameter standard tap service shall be one inch.

Notice of tapping. The Utility shall be given at least 24 hours' notice by the permittee before the time when the tap is desired to be made.

Quality of materials and work. All materials used by the permittee must be as specified by the Utility.

Excavations.

In making excavations in streets or highways to lay service pipes or make repairs, paving and earth removed shall be deposited to cause the least inconvenience to the public and provide for passage of water along gutters.

No person shall leave any open excavation without barricades in any street or highway. At night, warning lights shall be maintained at such excavations.

In backfilling the opening after the service pipes are laid, the earth shall be laid in layers of not more than nine inches in depth with each layer thoroughly rammed or puddled to prevent settling. Backfill shall be as specified by the Utility.

(4)

This work, together with replacing sidewalks, ballast and paving, shall be done to make the street as good as before it was disturbed and to the satisfaction of the Director of Public Works. No excavations shall be made in the right-of-way without first obtaining a street opening permit in compliance with Chapter 314, Streets and Sidewalks, of this Municipal Code. All sidewalks and pavements shall be saw cut to provide a neat edge.

Depth of pipe.

All pipes shall be laid in the ground at a depth which will provide not less than six feet of cover. Water services shall be insulated where a six-foot depth of cover is impossible and actual depth of cover is less than five feet or where a service passes within two feet of an underground structure which may experience freezing temperatures.

Insulation shall be closed-cell expanded polystyrene boards with a minimum two-inch thickness and one-foot width. Insulating boards shall be placed over a six-inch-deep layer of leveled and compacted bedding material placed over the top of the pipe. Insulating boards shall be placed with the long side parallel to the center line of the water pipe at a minimum width of outside diameter plus 24 inches. Total insulating board thickness shall be two inches for every foot less than five feet of cover. Boards shall be positioned to minimize continuous joints.

The first lift of backfill material over the boards shall consist of a six-inch depth of bedding material which shall be dumped and spread in a manner that avoids displacement and damage to the insulating boards. It shall be compacted with equipment that exerts a contact stress of 75 psi. The remaining layers of backfill shall be placed using conventional procedures.

Laying of pipe. The pipe shall be laid in such a manner and be of such surplus length as to prevent breakage or rupture by settlement. This shall be accomplished by leaving not less than 18 inches of surplus length. A horizontal gooseneck shall be formed at the corporation cock at the main. Such gooseneck shall be in addition to the surplus length of pipe above mentioned. Pipe shall be installed without any coupling or joint from the corporation cock to the curb stop.

Stopcock. Each service must have a "T" handle roundway stopcock inserted into the service pipe one foot from the property line and off the main traveled way or easement. Such stopcock must be protected with a cast iron adjustable "Buffalo" stop with box at least five feet long and 2 1/2 inches in internal diameter with the word "water" cast on the cover and include a thirty-nine-inch extension rod.

Pipe material and size. No pipe of a different material or size than herein specified shall be used and all service pipe less than two-inch internal diameter must be of ASTM B-88, type "K" soft annealed seamless copper tubing. The minimum diameter standard water service shall be one inch.

"Mueller" brand to be standard. No nipple, ferrule or union shall be used, unless they be of the best quality brass, free from defects and equal to the brand known to the trade as "Mueller. All corporation cocks and roundway curb cocks shall be of the best quality brass, free from defects and equal to the brand known to the trade as "Mueller."

§ 350-6 Water service rates.

Water rates and regulations will be as established by the State Public Service Commission and the rates and regulations so ordered are adopted as the rates and regulations of the Village and incorporated in this article as part hereof. Any further changes in rates and regulations ordered from time to time to time by the Public Service Commission are adopted by the Village and incorporated in this article as a part hereof.

Charges to be lien on real estate. All water services, charges and special assessments shall be a lien on the lot, part of a lot or real estate on which service is supplied or available for service. All charges accrued during the preceding year not paid by October 15 of the following year shall be certified to the Village Clerk and placed upon the real estate tax roll for collection as provided by state statutes.

Special assessments. There may be levied from time to time special assessments against certain properties benefited by public work or improvements to the Water Utility.

Mandatory hookup.

The owner of each parcel of land presently occupied and serviced or capable of being serviced by such water system shall be hooked up to the water system within 30 days after notification by the Committee. If unoccupied, hookup shall be before occupancy. Such mandatory hookup shall apply to all buildings located within the Village capable of being served if such property is not served by a private well which tests safe according to standards of the Wisconsin Department of Natural Resources.

The owner of each parcel of land required to hookup under Subsection C(1) which is not hooked up to such water system shall be subject to a forfeiture for such violation. In addition to such forfeiture, he shall pay the Village Treasurer upon billing therefor an amount equal to 100% of the minimum quarterly charge for water service of the required size to be collected in the event of nonpayment as a special assessment on the real estate tax bill.

Maintenance of services. All water services within the Village from the street main to the curb stop, including all controls between the same, shall be maintained by the Utility without expense to the property owner, except when damaged as a result of negligence or carelessness of the property owner, tenant or owner's agent, where they shall be repaired at the property owner's expense. All water services from the point of maintenance by the system to and throughout the premises shall be maintained free of defective conditions by and at the expense of the property owner or occupant. If the property owner does not repair a leak between the curb stop and building within 24 hours, the water shall be shut off until the repair is made.

Use of private wells upon connection to municipal water service.

Restricted. Since it is recognized that the entire private water supply in the Village has the potential for pollution, the building distribution system upon connection to the municipal water system shall be completely severed from the private well. Well owners shall comply with Article III, Private Wells, of this chapter. Thereafter, such private well shall be restructured to be used only for sprinkling lawns, washing cars and other outside uses not involving human consumption. If such private well does not test safe according to standards of the State Department of Natural Resources, such well shall be permanently sealed and abandoned in accordance with § NR 811.13, Wis. Adm. Code.

Reconnection.

Once the private water supply has been severed from the municipal system, there shall be no reconnection of such private supply to the municipal system.

After severance of the private well, no cross-connection between the public and private system will be allowed.

Permit procedure for new wells. New wells will be permitted to be constructed only under the following conditions:

Such new well must be located in an area where municipal water service is not available and cannot readily be made available.

The new well is constructed in complete conformity with state and local regulations and codes.

Billing and payment.

Billing. Billing for water service shall be on a quarterly basis with quarters ending March 31, June 30, September 30 and December 31. The property owner is held responsible for all water bills on the real estate he owns. All water bills and notices relative to water service shall be addressed to the owner and mailed to the address of the premises referred to on such bill or notice.

Failure to receive bill no excuse. Reasonable care shall be exercised in proper delivery of water bills. Failure to receive a water bill shall not relieve any owner of responsibility for payment of a water bill within the prescribed period and not exempt any person from any penalty imposed for delinquency in the payment thereof.

Penalty for polluting water or injuring waterworks. No person shall willfully pollute or otherwise injure any water supplied by the system in any tunnel, aqueduct, reservoir, pipe, etc.; willfully injure or cause damage to the system, building, machinery or fixture pertaining thereto; willfully and without authority of the Water and Sewer Committee impede or divert the flow of water in any tunnel, aqueduct, pipe, etc., belonging to such system; or willfully and without authority of such Committee bore or otherwise cause to leak any tunnel, aqueduct, reservoir, pipe, etc., used in the system to hold, convey or distribute water.

Damage recovery.

The Utility shall have the right to recover from any person any expense incurred by such Utility for repair or replacement of any water pipe, curb cock, gate valve, hydrant or valve box damaged in any manner by any person by reason of operation of any electrical system, performance of any work under their control or by negligence.