All persons now receiving a water supply from the Village of Reeseville 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.
[HISTORY: Adopted by the Village Board of the Village of Reeseville as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 9, Ch. 1, Article B, of the 1992 Code]
[1]
Editor's Note: Rates and charges as set by the State Public Service Commission are on file in the Village office.
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 and/or air-conditioning water-consuming appliances.)
B.
Service will be furnished only if:
(1)
The 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 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 form the curbline to the point of use, and laid not less than six feet below the surface of an established or proposed grade, and according to utility's specification; and
(3)
The 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.
E.
The Utility is hereby empowered to withhold approval of any application wherein 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 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: Schedule R-1 is on file in the Village office.
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 (not including disconnection for failure to comply with deposit or guarantee rules). (See Schedule R-1 for applicable rate.)
C.
A consumer shall be considered as the same consumer, provided the reconnection is requested for the same location by any member of the same family or, if a place of business, by any partner or employee of the same business.
An applicant for temporary water supply 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 the meter. See Schedule D-1 for applicable rate.[1]
[1]
Editor's Note: Schedule D-1 is on file in the Village office.
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 pipe 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 first presents a permit. Upon completion of the construction work, the contractor must return the original permit to the Utility, together with a statement of the actual amount of construction work performed.
C.
Consumers shall not allow contractors, masons or other persons to take water from their premises without first showing a permit from the Water Utility. Any consumer failing to comply with this provision will have water service discontinued.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
In cases where no other supply is available, permission may be granted by the superintendent to use a hydrant. No hydrant shall be used until it is equipped with a sprinkling valve. In no case shall any valve be moved except by a member 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. See Schedule H-1 for applicable deposits and charges.[1] Upon completing use of the hydrant, the customer must notify the Utility to that effect.
[1]
Editor's Note: Schedule H-1 is on file in the Village office.
C.
In the use of a hydrant supply, the hydrant valve will be set at the proper opening by the Utility when the sprinkling valve is set, and the flow of water must be regulated by means of the sprinkling valve. If the water is to be used through iron pipe connections, all such pipe installations shall have the swing joint to facilitate quick disconnection from the fire hydrant.
Any person who shall, without authority of the 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 moneys 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 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 pipes 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 pipe 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 pipe 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 supplies 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. All such service may comply with the provisions of the State Plumbing Code and may be inspected by the Village Building Inspector.
A.
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 flat-rate customer, the customer, at his/her expense, shall provide a suitable location and the proper connections for the meter. The Water Utility should be consulted as to the type and size of meter setting. Where it is possible to set meters in the basement, or other suitable place within the building, a short nipple shall be inserted after the stop and waste cock, then a union, and then another nipple and coupling of the proper length. The nipple attached to the union and coupling shall be cut to a standard length provided by the plans of the Utility (the superintendent may require a horizontal run of 18 inches in such pipeline) which may later be removed for the insertion of the meter into the supply line.
B.
No permit will be given to change from metered to flat-rate service.
The water cannot be turned on for a consumer except by a duly authorized employee of the Utility. When a plumber has completed a job, he must leave the water turned off. This does not prevent the plumber from testing the work.
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 two consecutive estimated bills be rendered.
B.
If the meter is damaged (see § 442-23, 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 Wis. Adm. Code, § PSC 185.77.
See Wis. Adm. Code, § PSC 185.88.
The consumer shall protect the 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 stop box and shut off the water in case of a leak on the consumer's premises.
Meters will be furnished and placed by the Utility 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 Utility. All piping within the building must be supplied by the consumer. Where additional meters are desired by the consumer, he shall pay for all piping and an additional amount sufficient to cover the cost of maintenance and depreciation.
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 Utility.
B.
Repair of any damage to a meter resulting from the carelessness of the owner of the premises, his agent, or tenant, or from the negligence of 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 consumer or the owner of the premises.
A.
Where the property owner requests that a larger service lateral be installed to replace an existing smaller-diameter pipe, an allowance of $15 will be made as a deduction in the cost, providing the new service is to be installed in the same ditch as the existing service pipe.
B.
The service pipe 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 Utility. The property owner shall maintain the service pipe from the curb stop to the point of use.
C.
If a consumer fails to repair a leaking or broken service pipe from curb to point of metering or use within such time as may appear reasonable to the Utility after notification has been served on the consumer by the Utility, the water will be shut off and will not be turned on again until the repairs have been completed.
See Wis. Adm. Code, § PSC 185.35(6).
During reasonable hours any officer or authorized employee of the 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. At least once every 12 months, the Utility will make a systematic inspection of all unmetered water taps for the purpose of checking waste and unnecessary use of water.
A.
New residential service. The Utility may require a cash deposit or other guarantee as a condition of new residential service if, and only if, the customer has an outstanding account balance with the Utility which accrued within the last six years, and which at the time of the request for new service remains outstanding and not in dispute.
B.
Existing residential service. The Utility may require a cash deposit or other guarantee as a condition of continued service if, and only if, either or both of the following circumstances apply:
(1)
Service has been shut off or discontinued within the last 12 months for violation of these rules and regulations or for nonpayment of a delinquent bill for service which is not in dispute.
(2)
Credit information obtained by the company subsequent to the initial application indicates that the initial application for service was falsified or incomplete to the extent that a deposit would be required under these rules and regulations.
C.
Commercial and industrial service. If the credit for an applicant for commercial or industrial service has not been established to the satisfaction of the Utility, he may be required to make a deposit or otherwise guarantee to the Utility payment of bills for service.
E.
Refund of deposits. The Utility shall review the payment record of each residential customer with a deposit on file at not less than twelve-month intervals and shall not require or continue to require a deposit unless a deposit could be required under the conditions stated above. In the case of a commercial or industrial customer, the Utility shall refund the deposit after 24 consecutive months of prompt payment if the customer's credit standing is satisfactory to the company. Payment shall be considered "prompt" if it is made prior to notice of disconnection for nonpayment of a bill not in dispute. Any deposit or portion thereof refunded to a customer shall be refunded by check unless both the customer and the company agree to credit the regular bill or unless service is terminated, in which case the deposit with accrued interest shall be applied to the final bill and any balance returned to the customer promptly.
F.
Other conditions. A new or additional deposit may be required upon reasonable written notice of the need therefor if such new or additional deposit could have been required under the circumstances when the initial deposit was made. Service may be refused or disconnected for failure to pay a deposit request as provided in the rules. When service has been disconnected for failure to make a deposit, or for failure to pay a delinquent bill, or for failure to comply with the terms of a deferred payment agreement, and satisfactory arrangements have been made to have service restored, a reconnection charge, as specified elsewhere in these rules, shall be paid by the customer as a condition to restoration of service.
G.
Guarantee contracts.
(1)
The Utility may accept, in lieu of a cash deposit, a contract signed by a guarantor satisfactory to the company, whereby payment of a specified sum not exceeding the cash deposit requirement is guaranteed. The term of a guarantee contract shall be two years, but shall automatically terminate after the customer has closed his account or, at the guarantor's request, upon 30 days' written notice to the Utility.
(2)
Upon termination of a guarantee contract or whenever the company deems same insufficient as to amount or surety, a cash deposit or a new or additional guarantee may be required upon reasonable written notice to the customer. Service to any customer who fails to comply with these requirements may be refused or, upon eight days' written notice, disconnected.
(3)
The Utility shall mail the guarantor copies of all disconnect notices sent to the customer whose account he has guaranteed unless the guarantor waives such notice, in writing.
(4)
In lieu of a cash deposit or guarantee, an applicant for new service who has an outstanding account accrued within the last six years with the Utility shall have the right to receive service from the company under a deferred payment agreement as provided in these rules and regulations for the outstanding account balance.
A.
Reasons for disconnection. Service may be disconnected or refused for any of the following reasons:
(1)
Failure to pay a delinquent account or failure to comply with the terms of a deferred payment agreement.
(2)
Violation of the Utility's rules and regulations pertaining to the use of service in a manner which interferes with the service of others or to the operation of nonstandard equipment, if the customer has first been notified and provided with reasonable opportunity to remedy the situation.
(3)
Failure to comply with deposit or guarantee arrangements as provided for in these rules and regulations.
(4)
Diversion of service around the meter.
B.
Disconnection for delinquent accounts.
(1)
A bill for service is delinquent if unpaid after the due date shown on the bill. The Utility may disconnect service for a delinquent bill by giving the customer, at least eight calendar days prior to disconnection, a written disconnect notice which may be included with the bill for service. For purposes of this rule, the due date shall not be less than 20 days after issuance.
(2)
The Utility may disconnect without notice where a dangerous condition exists for as long as the condition exists. Service may be denied to any customer for failure to comply with the applicable requirements of the rules and regulations of the Public Service Commission or of these rules and regulations, or if a dangerous or unsafe condition exists on the customer's premises.
(3)
The Utility shall notify the County Department of Human Services and Health at least five calendar days prior to any scheduled disconnection of residential service if the customer or responsible person has made a written request for this procedure. The Utility shall apprise customers of this right upon application for service. If service to a residential customer which has been disconnected has not been restored within 24 hours after disconnection, the Utility shall notify the appropriate County Sheriff's Department of the billing name and service address and that a threat to health and life might exist to persons occupying the premises.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
Deferred payment agreement.
(1)
The Utility shall offer deferred payment agreements to residential customers. The deferred payment agreement shall provide that service will not be discontinued for the outstanding bill if the customer pays a stated reasonable amount of the outstanding bill and agrees to pay a stated reasonable portion of the remaining outstanding balance in installments until the bill is paid. In determining what amounts are "reasonable," the parties shall consider the:
(2)
In the deferred payment agreement, it shall state immediately preceding the space provided for the customer's signature and in boldface print at least two sizes larger than any other used thereon, the following:
"If you are not satisfied with this agreement, do not sign. If you do sign this agreement you give up your right to dispute the amount due under the agreement except for the Utility's failure or refusal to follow the terms of this agreement." |
(3)
A deferred payment agreement shall not include a finance charge.
(4)
If an applicant for service has not fulfilled the terms of a deferred payment agreement, the Utility shall have the right to disconnect service or refuse service in accordance with these rules and under such circumstances; it shall not be required to offer subsequent negotiation of a deferred payment agreement prior to disconnection.
(5)
Any payments made by the customer in compliance with a deferred payment agreement, or otherwise, shall be first considered made in payment of the previous account balance with any remainder credited to the current bill.
D.
Dispute procedures.
(1)
Whenever the customer advises the Utility's designated office prior to the disconnection of service that all or part of any billing as rendered is in dispute, or that any matter related to the disconnection is in dispute, the company shall investigate the dispute promptly and completely, advise the customer of the results of the investigation, attempt to resolve the dispute, and provide the opportunity for the customer to enter in to a deferred payment agreement when applicable in order to settle the dispute.
(2)
After the customer has pursued the available remedies with the Utility, he may request that the Public Service Commission's staff informally review the disputed issue and recommend terms of settlement.
(3)
Any party to the dispute after informal review may make a written request for a formal review by the Commission. If the Commission decides to conduct a formal hearing on the dispute, the customer must pay 50% of the bill in dispute or post a bond for that amount on or before the hearing date. Failure to pay the amount or post the bond will constitute a waiver of the right to a hearing. Service shall not be disconnected because of any disputed matter while the disputed matter is being pursued under the disputes procedure. In no way does this relieve the customer form the obligation of paying charges which are not disputed.
(4)
The form of the disconnection notice to be used shall be as prescribed by the State Public Service Commission in accordance with § PSC 185.37(11), Wis. Adm. Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
When the Utility has reasonable evidence that a consumer is obtaining his supply of water, in whole or in part, by means of devices or methods used to stop or interfere with the proper metering of the Utility service being delivered to his equipment, the Utility reserves the right to estimate and present immediately a bill for service unmetered as a result of such interference, and such bill shall be payable subject to a 24 hours disconnection of service. When the Utility shall have disconnected the consumer for any such reason, the Utility will reconnect the consumer upon the following conditions:
(1)
The consumer will be required to deposit with the Utility an amount sufficient to guarantee the payment of the consumer's bills for utility service to the Utility.
(2)
The consumer will be required to pay the Utility for any and all damages to its equipment on the consumer's premises due to such stoppage or interference with its metering.
(3)
The consumer must further agree to comply with reasonable requirements to protect the Utility against further losses.
When premises are to be vacated, the Utility shall be notified, in writing, at once, so that it may remove the meter and shut off the supply at the curb cock. The owner of the premises shall be liable to prosecution for any damage to the property of the Water Utility by reason of failure to notify the Utility of vacancy.
The Utility reserves the right to shut off the water in the mains temporarily, to make repairs, alterations or additions to the plant or system. When the circumstances will permit of sufficient delay, the company will give notification, by newspaper publication or otherwise, of the discontinuance of the supply. No rebate will be allowed to consumers for such temporary suspension of supply.
It shall be the duty of the Utility to see that all open ditches for water mains, hydrants, and service pipes are properly guarded to prevent accident to any person or vehicle, and at night there shall be displayed amber signal lights in such manner as will, so far as possible, ensure the safety of the public.
A.
Where excavating machines are used in digging sewers, all water mains shall be maintained at the expense of the contractor.
B.
Contractors must ascertain for themselves the existence and location of all service pipes. Where they are removed, cut or damaged in the construction of a sewer, the contractor must at his own expense cause them to be replaced or repaired at once. He must not shut off the water service pipes from any consumer for a period exceeding six hours.
Trenches in unpaved streets shall be refilled with moist, damp earth, or by means of water tamping. When water tamping is used, the water shall be turned into the trench after the first 12 inches of backfill has been placed, and then the trench shall be kept flooded until the remainder of the backfill has been put in.
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. A one-half-inch drainpipe 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 drainpipe. (See applicable Village 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.
A.
Definition. A "cross-connection" shall be defined as any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the Village water system; and the other, 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.
B.
Cross-connections prohibited. No person, firm or corporation 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 regular public water supply of the Village may enter the supply or distribution system of said municipality, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the Water Utility and by the Wisconsin Department of Natural Resources in accordance with § NR 811.07, Wisconsin Administrative Code.
C.
Inspections. It shall be the duty of the Water Utility to cause inspections to be made of all properties served by the public water system where cross-connections with the public water system is deemed possible. The frequency of inspections and reinspections based on potential health hazards involved shall be as established by the Water Utility and as approved by the Wisconsin Department of Natural Resources.
D.
Right to inspect. Upon presentation of credentials, the representative of the Water Utility shall have the right to request entry at any reasonable time to examine any property served by a connection to the public water system of the Village for cross-connections. If entry is refused, such representative shall obtain a special inspection warrant under § 66.0119, Wis. Stats. On request, the owner, lessee or occupant of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property.
E.
Discontinuation of service. The Water 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 danger of contamination of the public water system. Water service shall be discontinued only after reasonable notice and opportunity for hearing under Chapter 68, Wis. Stats., except as provided in Subsection F of this section. Water service to such property shall not be restored until the cross-connection(s) has been eliminated in compliance with the provisions of this section.
F.
Immediate discontinuation. If it is determined by the Water Utility that a cross-connection or an emergency endangers public health, safety or welfare and requires immediate action, and a written finding to that effect is filed with the Village Clerk and delivered to the customer's premises, service may be immediately discontinued. The customer shall have an opportunity for hearing under Chapter 68, Wis. Stats., within 10 days of such emergency discontinuance.
H.
Section not to supersede other ordinances. This section does not supersede the State Plumbing Code and any Village plumbing ordinances but is supplementary to them.
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 groundwater contamination, or wells which may be illegally cross-connected to the municipal system are properly abandoned.
B.
Applicability.
(1)
All wells within the corporate limits of the Village of Reeseville which are in unusable condition, unsafe or do not comply with Ch. NR 812, Wis. Adm. Code, shall be abandoned in accordance with this section by January 1, 1991 (or within one year after connection to the municipal system becomes available), unless a well operation permit has been granted pursuant to Subsection B(4).
(2)
Premises where municipal water service is not available are exempt from this section.
(3)
Where feasible, noncomplying wells and pump installations may be upgraded to comply with Chapter NR 812, Wis. Adm. Code. A private well may be temporarily abandoned under provisions of Chapter NR 812. A well constructed for potable use may not be considered a nonpotable well to avoid the applicability of this section.
(4)
If water from a private well is known to produce water which exceeds a Department of Natural Resources (DNR) health advisory, a primary standard in Chapter NR 809 or an enforcement standard in Chapter NR 140, Wis. Adm. Code, a well operation permit shall not be issued without approval of the Department of Natural Resources.
C.
Well operation permits. A permit may be granted to a well owner to operate a private well for a period not to exceed one year. At the end of a permit period, the well owner may apply for a renewal of a permit upon submittal of undated information necessary for a permit application. The Village of Reeseville will conduct inspections and have water-quality tests conducted at the applicant's expense to obtain or verify information necessary for consideration of a permit. Permit applications shall be made on forms provided by the Village. The following requirements must be met before a well operation permit is issued:
(1)
The well has a functional pumping system and its use can be justified in addition to water provided by the public water system.
(2)
The well has a history of producing bacteriological safe water and presently produces bacteriological safe water as demonstrated by providing a copy of the results of a water sample analyzed at a state certified laboratory within three months preceding the request for the well operation permit or permit renewal.
(3)
The well and pump installation meets the requirements of Chapter NR 812, Wis. Adm. Code, as certified by a Department of Natural Resources licensed well driller or pump installer or by the Department of Natural Resources staff evaluation.
(4)
No physical connection exists between the piping of the public water system and the private well.
(5)
An annual fee as set by the Village Board is paid the Village of Reeseville for processing a permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D.
Abandonment methods. Wells shall be abandoned according to the procedures outlined in NR 812, Wis. Adm. Code. The pump and piping must be removed and the well checked for obstructions prior to abandonment. Any obstruction or liner must be removed, if possible. Filling with unapproved materials or use of unacceptable procedures is prohibited.
E.
Report and inspection. An abandonment report from Department of Natural Resources Form No. 3300-5 is available at the Village Clerk's office and must be submitted to the Clerk within 10 days of abandonment completion. Forty-eight hours' advance notice of well abandonment work must be provided to the Clerk so the filling may be observed by a representative of the Village. The Clerk shall send a copy of Form 3300-5 to the appropriate Department of Natural Resources district office within 10 days of receipt of the completed form.
F.
Penalties. Any person, firm, or other well owner violating any provision of this section shall, upon conviction, be punished by forfeiture pursuant to the penalty provision of § 1-2, General penalty. Each day during which a violation exists shall be deemed and constitute a separate offense. If any person fails to comply with this section for more than 10 days after notice, in writing, the Village may impose a penalty or may cause the abandonment to be done and the expense thereof shall be assessed as a special tax against the property.
[Amended 5-10-2018 by Ord. No. A-108]
A.
Purpose. The Village Board finds that the disturbance of lead water service lines, particularly partial lead service line replacement, has been shown to increase lead levels in drinking water. Reconnection of existing lead water service lines to new copper water service lines or HDPE plastic pipe has been shown to increase lead levels in drinking water. Full replacement of lead service lines, as opposed to partial replacement, can reduce exposure to lead in drinking water. Because of the significant risks to public health and safety posed by disturbance of lead water service lines and reconnection of lead-to-copper service lines, the Village has a strong public interest in remediating privately owned lead water service lines under certain circumstances. The establishment of a comprehensive program for the removal and replacement of lead pipe water service lines in use within both the Village Utility's water system and in private systems will help the Village meet the Wisconsin Department of Natural Resources' requirements for local compliance with the Lead and Copper Rule (see 56 FR 6460, 40 CFR 141.80 through 141.90 and Wis. Adm. Code §§ NR 809.541 to 809.55. For the reasons stated herein, and under the authority granted to the Village to regulate connections to public water mains by § 66.0911 and 281.45, Wis. Stats., to act for the health, safety, and welfare of the public by § 62.11(5), Wis. Stats., the Village Board finds that it is necessary and appropriate to establish and enforce requirements for the full replacement of lead water service lines under certain conditions and to provide a funding mechanism to assist affected property owners in complying with those requirements.
B. LEAD WATER SERVICE LINE PRIVATELY OWNED PORTION OF LEAD WATER SERVICE LINE UTILITY-OWNED PORTION OF LEAD WATER SERVICE LINE
Definitions. As used in this section, the following terms shall have the meanings indicated:
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.
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.
The section of water service piping from the main to, but not including, the outlet joint of the curb stop.
C.
Replacement requirement. The privately owned portion of a lead water service line shall be replaced whenever any of the following occurs:
(1)
A leak or failure has been discovered on either the privately-owned or utility-owned portion of the service line.
(2)
The Utility-owned portion of the line is replaced on either a planned or emergency basis.
(3)
The Village or private owner becomes aware that there is a privately owned lead water service line within the Village.
D.
Repair or reconnection prohibited. No repair of a privately owned lead water service line, or reconnection of a privately owned lead water service line to a Utility-owned water service line, shall be permitted under any of the circumstances specified in Subsection C of this section.
E.
Exception. The Village of Reeseville Board ("Village Board"), or its designee, may, at its discretion, grant a temporary exception to the requirement of Subsection C of this section and the prohibition of Subsection D of this section if the Village Board, or its designee, determines that doing so will not create an imminent threat to health, safety, or welfare of the public and will not jeopardize funding for any public works project.
F.
Notice:
(1)
Leak or emergency replacement. In the event of a service line leak or failure under Subsection C(1) of this section or emergency replacement of the Utility-owned portion of the service line under Subsection C(2) of this section, the Village Board, or its designee, shall provide written notice of the replacement requirement to the owner upon the Village Board's, or its designee's, determination that replacement of the Utility-owned portion of the line is required.
(2)
Planned replacement. In the event of a planned replacement under Subsection C(2) of this section, the Village Board, or its designee, shall provide written notice of the replacement requirement to the owner at least 15 days prior to the commencement of the planned replacement of the Utility-owned portion of the service line.
G.
Owner election. Upon receipt of the notice in Subsection F of this section, the owner shall, within 10 business days, do one of the following:
(1)
Elect to replace the privately owned portion of the lead service line at the owner's expense by contracting with a licensed contractor. The work shall be performed in accordance with all applicable state, local, and Utility regulations no later than 60 days after receipt of the notice in Subsection F.
(2)
Elect to have a Village contractor replace the privately owned portion of the lead service line.
H.
Financing of replacement by Village contractor.
(1)
If the owner elects to have a Village contractor complete the replacement under Subsection G(2) of this section, the cost of replacing the privately owned portion of the lead service line shall be paid in the following manner:
(a)
The cost of such work shall be charged to the owner pursuant to Wis. Stats. Ch. 66, Subch. VI [Wis. Stats. § 66.0627(8)(ag)], and also in accordance with requirements of the state Public Service Commission, if applicable. All water service laterals shall be Type K soft-temper copper pipe or HDPE plastic pipe.
(b)
If the owner chooses, a contract may be entered into with the Village on or before November 15 of the year in which the project was commenced, for the payment of the entire charge, which shall be divided into five equal yearly installments of not less than $200 per year, together with interest at the rate of 7% per annum upon the unpaid balance. Charges placed on the installment plan shall be financed by the general Village fund, and not by the Sewer and Water Utility. After being placed on the tax roll in annual installments or otherwise, the amounts of special charges shall be paid within the time allowed for the payment of general property taxes. If the property owner fails to pay a special charge within the time allowed for payment, it shall become delinquent and shall be treated in the same manner and subject to the same laws as a delinquent general property tax.
I.
Enforcement:
(1)
Discontinuation of service. If the owner fails to comply with Subsection C of this section within the time specified in Subsection G of this section, the Village Board, or its designee in consultation with the Village Board, may discontinue water service. If the Village Board, or its designee in consultation with the Village Board, determines that the owner's failure to comply with Subsection C of this section will create an imminent threat to the health, safety, or welfare of the public, the Village Board, or its designee, may discontinue water service to the property upon notice to the owner and reasonable opportunity to comply with the requirements of this section, and in a manner consistent with the rules and regulations of the Village of Reeseville and the Public Service Commission of Wisconsin governing discontinuation of water service.
(2)
Performance of work by Village. As an alternative to Subsection I(1), if the owner fails to comply with Subsection C of this section within the time specified in Subsection G of this section, the Village Board, or its designee, may apply for and obtain an appropriate court-issued warrant pursuant to Wis. Stats. §§ 66.0119 and 196.171, to gain access to the property and have the required work performed pursuant to Wis. Stats. § 281.45. The cost of this work shall be assessed and collected as a special assessment on the property.
(3)
Penalty. Any person who violates any of the provisions of this section shall be subject to the general penalty set forth in this Code of Ordinances. Each day of violation shall constitute a separate offense.