[Adopted as §§ 9-1-20 to 9-1-54 of the 1997
Code of Ordinances]
All persons now receiving a water supply from the Village of
Combined Locks 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 and/or
air-conditioning 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 property owner has agreed to and complied with the provisions
of the utility's filed main extension rule;
(2)
Property owner has installed or agrees to install a service pipe
from 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)
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: Schedules referenced contain the rates and
charges set by the State Public Service Commission, which are on file
in the Village offices.
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 and setting the meter. See Schedule D-1 for
applicable rate.[1]
[1]
Editor's Note: Schedules referenced contain the rates and
charges set by the State Public Service Commission, which are on file
in the Village offices.
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 Department. Any consumer failing to comply with this provision
will have water service discontinued.
A.
In cases where no other supply is available, permission may be granted
by the 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
moved except by a member of the 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 H-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: Schedules referenced contain the rates and
charges set by the State Public Service Commission, which are on file
in the Village offices.
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.
Water lateral piping from the shut off valve at the curb, to the
meter at the building site shall be made of copper or plastic. Where
plastic piping is used, a tracer wire (No. 10 coated single-strand)
must be securely installed from the connection at curbside to the
meter inside the building site. The meter inside of the building must
be supported or braced in some manner.
B.
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.
C.
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.
D.
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.
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 unmetered
customer, the owner of the premises at his 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 (it may require a horizontal run of 18 inches in such
pipe line) 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 when approval
is obtained from the customer shall more than three consecutive estimated
bills be rendered where billed 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 § 518-25, 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, Chapter PSC 185.
See Wis. Adm. Code, Chapter PSC 185.
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, Chapter PSC 185.
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. 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.
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 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 utility 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, the applicant may be required to make
a deposit or otherwise guarantee to the utility payment of bills for
service.
D.
Conditions of deposit. See Wis. Adm. Code, § PSC 185.36(4).
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 utility. 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 utility 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 thereof 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 utility, 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/her 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 utility
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 utility
under a deferred payment agreement as provided in these rules and
regulations for the outstanding account balance.
A.
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 bold face 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.
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(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.
B.
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 utility 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 into a deferred payment agreement, when applicable,
in order to settle the dispute.
(2)
After the customer has pursued the available remedies with the utility,
the customer 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 from the obligation of paying charges which are
not disputed.
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 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 appropriate county department of health
and social services 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 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.
C.
Disconnection notice. The form of disconnection notice to be used
is on file at the Utility office.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 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.
B.
Sections 98.26 and 943.20, Wisconsin Statutes, as relating to water
service, are hereby adopted and made a part of these rules.
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 light in such manner as will, so far as
possible, insure the safety of the public.
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.
A.
Protective devices in general. The owner or occupant of every premise
receiving water supply shall apply and maintain suitable means of
protection of the premise 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
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. (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.
Water mains will be extended for new customers on the following
basis:
A.
Where the cost of the extension is to immediately be collected through
assessment by the municipality 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Where the municipality is unwilling or unable to make a special assessment,
then 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 contributions 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.
C.
When a new customer(s) is connected to an existing main, not financed
by customer contributions, it shall not be considered as a main extension
and no contribution may be collected from the customer(s). This provision
applies to mains installed after the issuance of Commission order.
A.
Application for installation of water mains in regularly platted
real estate development subdivisions shall be filed with the Clerk
and shall set forth the following information:
(1)
Name of subdivision.
(2)
Legal description.
(3)
Map showing streets, lots and sizes of proposed mains and hydrants,
and street laterals.
(4)
Date of approval of subdivision plan by State Department of Local
Affairs and Development.
(5)
Date of approval of proposed mains by Department of Natural Resources.
(6)
Number of houses presently under construction.
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.
The applicant for water service to be supplied to a subdivision 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 overpayment
will be made by the water utility.
D.
If the developer, or a contractor employed by the developer, is to
install the water and/or sewer mains (with approval of the utility),
the developer shall be responsible for the total cost of construction.
A.
CROSS-CONNECTION
Definition. As used in this section, the following terms shall have
the meanings indicated:
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 Ch. 68, Wis. Stats., except as provided in Subsection F. 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 Administrator and delivered
to the customer's premises, 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.
G.
State code adopted. The Village adopts by reference the State Plumbing
Code of Wisconsin, being Chapters SPS 381 to 387, Wisconsin Administrative
Code.
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.
[Amended 3-16-2021 by Ord. No. 3-2021]
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 be illegally cross-connected to the municipal water system, are
properly abandoned.
B.
Applicability. This section applies to all wells located on any premises
served by the Village of Combined Locks municipal water system.
C.
MUNICIPAL WATER SYSTEM
NONCOMPLYING
PUMP INSTALLATION
UNSAFE
UNUSED
WELL
WELL ABANDONMENT
Definitions. The following definitions shall be applicable in this
section:
A system for the provision to the public of piped water for
human consumption when such system has at least 15 service connections
of 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 Wis. Adm. Code Ch. NR 812, 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 or Wis. Adm. Code Chs. NR 809 or 140 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 Wis. Adm. Code 812.
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 Wis. Adm. Code Ch. NR 812 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
Village Administrator or Director of Public Works.
E.
Well operation permit. The Village Board may grant a permit to a
private well owner to a 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 Village
board, or its agent, may conduct inspections or have water quality
tests conducted a 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 Village. 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 Wis. Admin. Code Ch. NR 812.
(2)
The well construction and pump installation have a history of producing
bacteriologically safe water as evidenced by one sampling taken every
five years. Results are to be filed with the Village Administrator
or Director of Public Works. 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.
(5)
The well and pump must be inspected every 10 years by a licensed
pump installer or well driller and the inspection report supplied
to the Village Administrator or Director of Public Works. The owner
of such well is responsible for all costs associated with the inspection.
F.
Abandonment procedures.
(1)
All wells abandoned under the jurisdiction of this section or rule
shall be abandoned according to the procedures and methods of Wis.
Adm. Code Ch. NR 812. 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
Administrator at least 48 hours prior to commencement of any well
abandonment activities. The abandonment of the well shall be observed
by the Director of Public Works or his designee.
(3)
An abandonment report form, supplied by the Department of Natural
Resources, shall be submitted by the well owner to the Village Administrator
or Director of Public Works and the Department of Natural Resources
within 10 days of the completion of the well abandonment.
G.
Penalties. Any person, firm, or well owner, violating any provision of this section shall, upon conviction, be punished by forfeiture as prescribed in § 1-3, and the cost of prosecution. Each twenty-four-hour period 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 receiving written notice of the violation, the municipality Village 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.
A.
Application.
(1)
Scope and applicability. This section and the provisions herein shall
apply to all real property, whether residential, commercial, industrial,
agricultural or institutional, located within the boundaries of the
Village of Combined Locks and shall be in effect June 1 through September
30 of each year.
(2)
Time limits for outside watering.
(a)
Real property assigned even-numbered mailing addresses shall
be permitted to make such use of water on even-numbered calendar days
before 11:00 a.m. and after 6:00 p.m. Central daylight time. There
shall be absolutely no such use of water between 11:00 a.m. and 6:00
p.m.
(b)
Real property assigned odd-numbered mailing addresses shall
be permitted to make such use of water on odd-numbered calendar days
before 11:00 a.m. and after 6:00 p.m. Central daylight time. There
shall be absolutely no such use of water between 11:00 a.m. and 6:00
p.m.
B.
Exceptions. The following exceptions shall apply:
(1)
Newly seeded lawns; new sod lawns. Newly seeded and newly sod lawns
may be watered every day for not more than 30 days but only before
11:00 a.m. and after 6:00 p.m. Central daylight time upon the issuance
of a permit issued by the Village. Permits may be obtained at the
Combined Locks Civic Center, 405 Wallace Street, Combined Locks, Wisconsin,
during normal business hours. Permits shall be displayed in plain
view in the front window or if issued for real property without a
building, at such other location so as to be in plain view. There
shall be absolutely no such use of water between 11:00 a.m. and 6:00
p.m.
(2)
Handheld devices and children's water toys. Lawns, trees, shrubs,
and other outside plants may be watered by handheld devices, such
as sprinkling cans, sprayers, hoses (when hand-held), on any day at
any time. Children's water toys may be used at any time.
(3)
Special cases. The Village Board may grant permits for water usage
outside the restrictions imposed herein in unique circumstances.
(4)
Emergencies. Notwithstanding any other provisions herein, whenever,
in the opinion of the Village Board, a necessity to limit water exists
due to weather conditions, water usage, electrical power outages,
or other causes, the Village Board may for such time as the necessity
for water use limitation exists, issue orders and regulations, suspend
permits, alter days and hours, impose additional terms and conditions,
and prevent usage of water.
C.
Penalties.
(1)
First offense. Any person who shall violate any of the provisions
of this section shall, upon conviction thereof, forfeit not less than
$10 nor more than $25 together with the costs of prosecution.
(2)
Second and subsequent offense(s). Any person found guilty of violating
any provision of this section who shall previously have been convicted
of a violation of the same ordinance within one year shall, upon conviction
thereof, forfeit not less than $25 nor more than $100 for each such
offense together with the costs of prosecution.
(3)
Any
person found guilty of violating any provision of this section who
has previously been convicted of two or more violations of the same
ordinance within one year shall, upon conviction, forfeit not less
than $100 for such offense together with the costs of prosecution.
Each violation and each day a violation continues or occurs shall
constitute a separate offense. Nothing in this section shall preclude
the Village from maintaining any appropriate action to prevent or
remove a violation of any provision of this section.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
(4)
Continued violation(s). Each violation and each day a violation continues
or occurs shall constitute a separate offense. Nothing in this section
shall preclude the Village from maintaining any appropriate action
to prevent or remove a violation of any provision of this section.
(5)
Other remedies. The Village shall have any and all other remedies
afforded by the Wisconsin Statutes in addition to the forfeiture and
costs of prosecution above.
