[HISTORY: Adopted by the City Council of the City of Amery 10-6-2004 as Title 9, Ch. 1, Art. B,
of the 2004 Code. Amendments noted where applicable.]
All persons now receiving a water supply from the City of Amery
Water Utility, or who may hereafter make application therefor, shall
be considered as having agreed to be bound by the rules and regulations
as filed with the Public Service Commission of Wisconsin.
A.
Application for water service shall be made, in writing, on a form
furnished by the Water Utility. The application will contain the legal
description of the property to be served, name of the owner, the exact
use to be made of the service, and the size of the supply pipe and
meter desired. (Note particularly any special refrigeration, fire
protection, and/or air-conditioning or water-consuming appliances.)
B.
Service will be furnished only if:
(1)
Premises have a frontage on a properly platted street or public strip
in which a cast-iron or other long-life water main has been laid,
or where the property owner has agreed to and complied with the provisions
of the Utility's filed main extension rule;
(2)
The property owner has installed or agrees to install a service pipe
from the right-of-way line to the point of use, and laid not less
than six feet below the surface of an established or proposed grade,
and according to the Utility's specification; and
(3)
Premises have adequate piping beyond metering point.
C.
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, is required to provide interior plumbing and meter settings
to enable individual metered service to each unit and individual disconnection
without affecting service to the other units. Each meter and meter
connection will be a separate Water Utility customer for the purpose
of the filed rules and regulations.
D.
No division of the water service of any lot or parcel of land shall
be made for the 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.
Duplexes may be served by one lateral, provided:
E.
Buildings used in the same business, located on the same parcel,
and served by a single lateral may have the customer's water supply
piping installed to a central point so that volume can be metered
in one place.
F.
The Water Utility may withhold approval of any application where
full information of the purpose of such supply is not clearly indicated
and set forth by the applicant property owner.
A.
The minimum service contract period shall be one year unless otherwise
specified by special contract or in the applicable rate schedule.
Where the utility service has been disconnected at the customer's
request prior to expiration of his/her minimum contract period, a
reconnection charge shall be made, payable in advance, when the customer
requests reconnection of service. (See Schedule R-1 for applicable
rate.[1]) The minimum contract period is renewed with each reconnection.
[1]
Editor's Note: Current rate schedules are on file in the office
of the City Administrator/Clerk-Treasurer.
B.
A reconnection charge shall also be required from consumers whose
services are disconnected (shut off at curb stop) because of nonpayment
of bills when due. (See Schedule R-1 for applicable rate.)
C.
If reconnection is requested for the same location by any member
of the same household, or if a place of business, by any partner or
employee of the same business, it shall be considered as the same
customer.
An applicant for temporary water service on a metered basis
shall make and maintain a monetary deposit for each meter installed,
as security for payment for use of water and for such other charges
which may arise from the use of the supply. A charge shall be made
for setting the valve and furnishing and setting the meter. (See Schedule
Bw-1 for applicable rate.[1])
[1]
Editor's Note: Current rate schedules are on file in the office
of the City Administrator/Clerk-Treasurer.
A.
When water is requested for construction purposes, or for filling
tanks or other such uses, an application therefor shall be made to
the Utility, in writing, upon application provided for that purpose
in the Utility's office, giving a statement of the amount of construction
work to be done, or the size of the tank to be filled, etc. Payment
for the water for construction shall be made in advance at the scheduled
rates. The service lateral must be installed inside the building from
where the water must be drawn. No connection with the service pipe
at the curb shall be made without special permission from the Utility.
B.
In no case will any employee of the Utility turn on water for construction
work unless the contractor has obtained permission from the Water
Utility.
C.
Consumers shall not allow contractors, masons or other persons to
take unmetered water from their premises without permission from the
Water Utility. Any consumer failing to comply with this provision
will have water service discontinued and will be responsible for the
cost of the estimated volume of water used.
A.
In cases where no other supply is available, permission may be granted
by the Water Utility to use a hydrant. No hydrant shall be used until
it is equipped with a sprinkling valve. In no case shall any valve
be installed or moved except by an employee of the Water Utility.
B.
Before a valve is set, payment must be made for its setting and for
the water to be used at the scheduled rates. Where applicable, see
Schedule Bw-1 for deposits and charges.[1] Upon completing use of the hydrant, the customer must
notify the Utility to that effect.
[1]
Editor's Note: Current rate schedules are on file in the office
of the City Administrator/Clerk-Treasurer.
Any person who shall, without authority of the Water Utility,
allow contractors, masons, or other unauthorized persons to take water
from their premises, operate any valve connected with the street or
supply mains, or open any fire hydrant connected with the distribution
system, except for the purpose of extinguishing fire, or who shall
wantonly damage or impair the same shall be subject to a fine as provided
by municipal ordinances. Permits for the use of hydrants apply only
to such hydrants as are designated for the specific use.
All money deposited as security for payment of charges arising
from the use of temporary water supply on a metered basis, or for
the return of a sprinkling valve wheel or reducer, if the water is
used on an unmetered basis, will be refunded to the depositor on the
termination of the use of water, the payment of all charges levied
against the depositor, and the return of the wheel and reducer.
A.
No water service lateral shall be laid through any trench having
cinders, rubbish, rock or gravel fill, or any other material which
may cause injury to or disintegration of the service pipe, unless
adequate means of protection are provided by sand filling or such
other insulation as may be approved by the Utility. Service laterals
passing through curb or retaining walls shall be adequately safeguarded
by provision of a channel space or pipe casing not less than twice
the diameter of the service connection. The space between the service
lateral and channel or pipe casing shall be filled and lightly caulked
with an oakum, mastic cement, or other resilient material, and made
impervious to moisture.
B.
In backfilling the pipe trench, the service lateral must be protected
against injury by carefully hand tamping the ground filling, free
from hard lumps, rocks, stones, or other injurious material, around
and at least six inches over the pipe.
C.
All water service laterals shall be of undiminished size from the
street main in to the point of meter placement. Beyond the meter outlet
valve, the piping shall be sized and proportioned to provide, on all
floors, at all times, an equitable distribution of water supply for
the greatest probable number of fixtures or appliances operating simultaneously.
A.
The service lateral from the main to and through the curb stop will
be maintained and kept in repair and, when worn out, replaced at the
expense of the Water Utility. The property owner shall maintain the
service lateral from the curb stop to the point of use.
B.
If an owner fails to repair a leaking or broken service lateral from
the curb to the point of metering or use within such time as may appear
reasonable to the Water Utility after notification has been served
on the owner by the Water Utility, the water will be shut off and
will not be turned on again until the repairs have been completed.
Where the original service piping is installed for a new metered
customer, where existing service piping is changed for the customer's
convenience, or where a new meter is installed for an existing unmetered
customer, the owner of the premises at his/her expense shall provide
a suitable location and the proper connections for the meter. The
meter setting and associated plumbing shall comply with the Water
Utility's standard. The Water Utility should be consulted as to the
type and size of meter setting.
The water cannot be turned on for a consumer except by an authorized
employee of the Utility. Plumbers may turn the water on to test their
work, but upon completion must leave the water turned off.
A.
Where the Utility is unable to read a meter after two successive
attempts, the fact will be plainly indicated on the bill, and either
an estimated bill will be computed or the minimum charge applied.
The difference shall be adjusted when the meter is again read; that
is, the bill for the succeeding quarter will be computed with the
gallons or cubic feet in each block of the rate schedule doubled and
credit will be given on that bill for the amount of the minimum bill
paid the preceding month. Only in unusual cases or where approval
is obtained from the customer shall more than three consecutive estimated
bills be rendered where bills are rendered monthly, and there shall
be not more than two consecutive estimated bills where the billing
period is two months or more.
B.
If the meter is damaged (see § 411-27, Surreptitious use of water) or fails to operate, the bill will be based on the average use during the past year unless there is some reason why the use is not normal. If the average use cannot be properly employed, the bill will be estimated by some equitable method.
See § PSC 185.77, Wis. Adm. Code.
See Ch. PSC 185, Wis. Adm. Code.
The customer shall protect the curb stop box in the terrace
and shall keep the same free from dirt and other obstructions. The
Utility shall not be liable for failure to locate the curb stop box
and shut off the water in case of a leak on the owner's premises.
Meters will be furnished and placed by the Water Utility or
a Water Utility-approved contractor and are not to be disconnected
or tampered with by the consumer. All meters shall be so located that
they shall be protected from obstructions and permit ready access
thereto for reading, inspection, and servicing, such location to be
designated or approved by the Water Utility. All piping within the
building must be supplied by the owner. Where additional meters are
desired by the owner, he/she shall pay for all piping.
A.
Meters will be repaired by the Water Utility, and the cost of such
repairs caused by ordinary wear and tear will be borne by the Water
Utility.
B.
Repair of any damage to a meter resulting from the carelessness of
the owner of the premises, his/her agent, or tenant, or from the negligence
of any one of them to properly secure and protect same, including
any damage that may result from allowing a water meter to become frozen
or to be injured from the presence of hot water or steam in the meter,
shall be paid for by the customer or the owner of the premises.
See Ch. PSC 185, Wis. Adm. Code.
During reasonable hours, any officer or authorized employee
of the Water Utility shall have the right of access to the premises
supplied with service, for the purpose of inspection or for the enforcement
of the Utility's rules and regulations. Whenever appropriate, the
Utility will make a systematic inspection of all unmetered water taps
for the purpose of checking waste and unnecessary use of water. See
§ 196.171, Wis. Stats.
See § PSC 185.36, Wis. Adm. Code.
See § PSC 185.361, Wis. Adm. Code.
See § PSC 185.38, Wis. Adm. Code.
See § PSC 185.39, Wis. Adm. Code.
An amount owed by the customer may be levied as a tax as provided
in § 66.0809, Wis. Stats.
A.
When the Utility has reasonable evidence that a person is obtaining
water, in whole or in part, by means of devices or methods used to
stop or interfere with the proper metering of the Water Utility service
being delivered, the Water Utility reserves the right to estimate
and present immediately a bill for unmetered service as a result of
such interference, and such bill shall be payable subject to a twenty-four-hour
disconnection of service. If the Water Utility shall have disconnected
the consumer for any such reason, the Utility will reconnect the consumer
upon the following conditions:
(1)
The customer will be required to deposit with the Utility an amount
sufficient to guarantee the payment of the consumer's bills for utility
service to the Utility.
(2)
The customer will be required to pay the Utility for any and all
damages to its equipment on the consumer's premises due to such stoppage
or interference with its metering.
(3)
The customer must further agree to comply with reasonable requirements
to protect the Water Utility against further losses.
B.
Sections 98.26 and 943.20, Wis. Stats., as relating to water service,
are hereby adopted and made a part of these rules.
When premises are to be vacated, the Water Utility shall be
notified, in writing, 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 the Water Utility's property.
The Water Utility reserves the right to shut off the water in
the mains temporarily, to make repairs, alterations or additions to
the plant or system. When the circumstances will permit, the Water
Utility will give notification, by newspaper publication or otherwise,
of the discontinuance of the water supply. No credit will be allowed
to consumers for such temporary suspension of the water supply. See
§ PSC 185.89, Wis. Adm. Code.
It shall be the duty of the Water Utility to see that all open
ditches for water mains, hydrants, and service laterals are properly
guarded to prevent accident to any person or vehicle, and at night
there shall be displayed amber signal lighting to ensure the safety
of the public.
Contractors must ascertain for themselves the existence and
location of all water mains and service laterals. Where removed, cut
or damaged during trench construction, contractors must, at their
own expense, cause them to be replaced or repaired at once. Contractors
must not shut off the water service laterals to any customer for a
period exceeding six hours.
A.
Protective devices in general. The owner or occupant of every premises
receiving water supply shall apply and maintain suitable means of
protection of the premises supply, and all appliances thereof, against
damage arising in any manner from the use of the water supply, variation
of water pressure, or any interruption of water supply. Particularly,
such owner or occupant must protect water-cooled compressors for refrigeration
systems by means of high-pressure safety cutout devices. There shall
likewise be provided means for the prevention of the transmission
of water ram or noise of operation of any valve or appliance through
the piping of their own or adjacent premises.
B.
Relief valves. On all "closed systems" (i.e., systems having a check
valve, pressure regulator, or reducing valve, water filter or softener),
an effective pressure relief valve shall be installed either in the
top tapping or the upper side tapping of the hot water tank or on
the hot water distributing pipe connection at the tank. No stop valve
shall be placed between the hot water tank and the relief valve or
on the drain pipe. (See applicable City plumbing codes.)
C.
Air chambers. An air chamber or approved shock absorber shall be
installed at the terminus of each riser, fixture branch, or hydraulic
elevator main for the prevention of undue water hammer. The air chamber
shall have a diameter not less than that of the pipe it serves and
a length not less than 15 diameters of said supply pipe. Where possible,
the air chamber should be provided at its base with a valve and rain
cock for water drainage and replenishment of air.
[Amended 2-1-2012 by Ord.
No. 4-2012]
A.
Definition of cross-connection. A "cross-connection" is defined as
any physical connection or arrangement between two otherwise separate
systems, one of which contains potable water from the City of Amery's
public water system and the other of which contains 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,
with the direction of flow depending on the pressure differential
between the two systems.
B.
Unprotected cross-connections prohibited. No person, firm, or corporation
may establish or maintain, or permit to be established or maintained,
any unprotected cross-connection. Cross-connections shall be protected
as required in Ch. SPS 382, Wis. Adm. Code.
C.
Inspection. The Water Utility may inspect, or arrange for an inspection of, property served by the public water system for cross-connections. As an alternative, the Water Utility may require a person, firm, or corporation who or which owns, leases, or occupies property to have their plumbing inspected, at their own expense, by a State of Wisconsin-certified cross-connection inspector/surveyor. The frequency of inspections shall be established by the Water Utility in accordance with Wisconsin Administrative Code. Any unprotected cross-connections identified by the inspection shall be sufficient cause for the Water Utility to discontinue water service to the property, as provided under Subsection F of this section.
D.
Right of entry. Upon presentation of credentials, a representative of the Water Utility shall have the right to request entry, at any reasonable time, to a property served by a connection to the public water system for the purpose of inspecting the property for cross-connections. Refusing entry to such utility representative shall be sufficient cause for the Water Utility to discontinue water service to the property, as provided under Subsection F of this section. If entry is refused, a special inspection warrant under § 66.0119, Wis. Stats., may be obtained.
E.
Provision of requested information. The Water Utility may request an owner, lessee, or occupant of property served by a connection to the public water system to furnish the Water Utility with pertinent information regarding the piping systems on the property. Refusing to provide requested information shall be sufficient cause for the Water Utility to discontinue water service to the property, as provided under Subsection F of this section.
F.
Discontinuation of water for violation. The Water Utility may discontinue water service to any property wherein any unprotected cross-connection in violation of this section exists, and take other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service may be discontinued, however, only after reasonable notice and opportunity for hearing under Ch. 68, Wis. Stats., except as provided in Subsection G of this section. Water service to such property shall not be restored until the unprotected cross-connection has been eliminated.
G.
Emergency discontinuance. If it is determined by the Water Utility
that an unprotected cross-connection or emergency endangers public
health, safety, or welfare and requires immediate action, and if a
written finding to that effect is filed with the City Administrator/Clerk-Treasurer
and delivered to the customer's premises, water service may be immediately
discontinued. The customer shall have an opportunity for hearing under
Ch. 68, Wis. Stats., within 10 days of such emergency discontinuance.
Water service to such property shall not be restored until the unprotected
cross-connection has been eliminated.
Water mains will be extended for new customers on the following
basis:
A.
Where the cost of the extension is to be immediately collected through
assessment by the City against the abutting property, the procedure
set forth under § 66.0703, Wis. Stats., will apply, and
no additional customer contribution to the Utility will be required.
B.
Where the municipality is unwilling or unable to make a special assessment,
the extension will be made on a customer-financed basis as follows:
(1)
The applicant(s) will advance, as a contribution in aid of construction, the total amount equivalent to that which would have been assessed for all property under Subsection A.
(2)
Part of the contribution required in Subsection B(1) will be refundable. When additional customers are connected to the extended main within 20 years of the date of completion, contributions in aid of construction will be collected equal to the amount which would have been assessed under Subsection A for the abutting property being served. This amount will be refunded to the original contributor(s). In no case will the contribution received from additional customers exceed the proportionate amount which would have been required under Subsection A nor will it exceed the total assessable cost of the original extension.
A.
Application for installation of water mains in regularly platted
real estate development subdivisions shall be filed with the City
Administrator/Clerk-Treasurer.
B.
Upon receipt of the application, the Water Utility will prepare detailed
estimates of the cost of extending water mains and hydrants of the
size deemed necessary in the subdivision and submit same to the municipal
governing body for approval of the extension as it pertains to public
fire-protection service requirements.
C.
If the developer, or a contractor employed by the developer, is to
install the water mains (with approval of the Utility), the developer
shall be responsible for the total cost of construction.
D.
If the Utility or its contractor is to install the water mains, the
developer shall be required to advance to the Utility, prior to the
beginning of the construction, the total estimated cost of the extension.
If the final costs exceed estimated costs, an additional billing will
be made for the balance of the cost due. This balance is to be paid
within 30 days. If final costs are less than estimated, a refund of
the overpayment will be made by the Water Utility.
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, unsafe or noncomplying wells, or wells which
may serve as conduits for contamination, or wells which may be illegally
cross-connected to the municipal water system, are properly abandoned.
B.
Applicability. This section applies to all wells located on premises
served by the City of Amery municipal water system.
C.
MUNICIPAL WATER SYSTEM
NONCOMPLYING
PUMP INSTALLATION
UNSAFE
UNUSED
WELL
WELL ABANDONMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A system for the provision to the public of piped water for
human consumption when such system has at least 15 service connections
or regularly serves at least 25 year-round residents owned or operated
by a city, village, county, town, town sanitary district, utility
district or public institution or a privately owned water utility
serving any of the above.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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.
The pump and related equipment used for withdrawing water
from a well, including the discharge piping, the underground connections,
pitless adapters, pressure tanks, pits, sampling faucets and well
seals or caps.
A well or pump installation which produces water which is
bacteriologically contaminated or contaminated with substances in
exceedance of the standards of Ch. NR 109 or NR 140, Wis. Adm. Code,
or for which a health advisory has been issued by the Department of
Natural Resources.
A well or pump installation which is not in use or does not
have a functional pumping system.
An excavation or opening into the ground made by digging,
boring, drilling, driving, or other methods for the purpose of obtaining
groundwater for consumption or other use.
The filling and sealing of a well according to the provisions
of Ch. NR 812, Wis. Adm. Code.
D.
Abandonment required. All wells located on premises served by the
municipal water system shall be abandoned in accordance with the terms
of this section and Ch. NR 812, Wis. Adm. Code, by no later than one
year from the date of connection to the municipal water system unless
a well operation permit has been obtained by the well owner from the
City Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Well operation permit. The City Council may grant a permit to a private
well owner to operate a well for a period not to exceed five years
providing the conditions of this section are met. An owner may request
renewal of a well operation permit by submitting information verifying
that the conditions of this section are met. The City Council or its
agent may conduct inspections or have water quality tests conducted
at the applicant's expense to obtain or verify information necessary
for consideration of a permit application or renewal. Permit applications
and renewals shall be made on forms provided by the City Administrator/Clerk-Treasurer.
The following conditions must be met for issuance or renewal of a
well operation permit:
(1)
The well and pump installation meet or are upgraded to meet the requirements
of Ch. NR 812, Wis. Adm. Code.
(2)
The well construction and pump installation have a history of producing
bacteriologically safe water as evidenced by at least two samplings
taken a minimum of two weeks apart. No exception to this condition
may be made for unsafe wells, unless the Department of Natural Resources
approves, in writing, the continued use of the well.
(3)
There are no cross-connections between the well and pump installation
and the municipal water system.
(4)
The proposed use of the well and pump installation can be justified
as being necessary in addition to water provided by the municipal
water system.
F.
Abandonment procedures.
(1)
All wells abandoned under the jurisdiction of this section or rule
shall be abandoned according to the procedures and method of Ch. NR
812, 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 City
of Amery Water Utility at least 48 hours prior to commencement of
any well-abandonment activities. The abandonment of the well shall
be observed by a representative of the City of Amery Water Utility.
(3)
An abandonment report form, supplied by the Department of Natural
Resources, shall be submitted by the well owner to the City of Amery
Water Utility and the Department of Natural Resources within 10 days
of the completion of the well abandonment.
G.
Penalties. Any well owner violating any provision of this section shall, upon conviction, be punished by forfeiture pursuant to § 1-5 and the cost of prosecution. Each day of violation is a separate offense. If any person fails to comply with this section for more than 10 days after receiving written notice of the violation, the municipality may impose a penalty and cause the well abandonment to be performed and the expense to be assessed as a special tax against the property.
[Added 4-7-2021 by Ord. No. 05-2021]
A.
The City of Amery, Polk County, Wisconsin plans to make several improvements
to Keller Avenue and other related facilities also identified Safe
Drinking Water Project #5582-02 ("the project").
B.
The City intends to adopt a resolution authorizing the issuance of
revenue bonds to pay for the project, and has determined that such
improvements benefit the City Tax Incremental District No. 6.
C.
A tax incremental district water charges are hereby imposed upon
the City of Amery for 100% of the total costs of the project (including
debt service coverage ratio requirements imposed by a bond resolution)
which are applicable to improvements undertaken in connection with
the City's Tax Incremental District No. 6 ("the district"), whether
located within or outside the district. The charge against the Tax
Incremental District No. 6 for the above-referenced project shall
be no less than the amortized amount of 50% of the total project cost
or 100% of the project SDWL loan principal and interest payments for
the life of the Tax Incremental District No. 6, whichever is less.
D.
An additional tax incremental district charge is hereby imposed under
the following condition: If the life of the loan exceeds the legal
repayment period of TID No. 6, the City reserves the right to charge
the TID No. 6 during the repayment period of the TID No. 6 for payments
which will come due and payable after the TID No. 6 payment period
has expired for remaining principal payments allocable to the aforementioned
improvements.
E.
A tax incremental district payment shall be issued semi-annually
directly to the water utility checking accounts prior to the debt
service date(s). This obligation shall only apply to the debt incurred
due for the costs of the project. Upon final debt service payment
by the sewer utilities for the project then this section shall be
automatically repealed.
