A.
The City of Onalaska Water Utility provides water as a public utility
under Ch. 196, Wis. Stats., and the rates of the utility are developed
and ordered by the Wisconsin Public Service Commission as authorized
under §§ 196.03, 196.20, and 196.37, Wis. Stats., and
any amendments or modifications thereto. The rates of the Onalaska
Water Utility in effect at any time are the authorized rates on file
with the Public Service Commission, and copies of these rates are
available in the office of the Clerk of the City of Onalaska. Customers
of the Onalaska Water Utility shall be informed of new rates as they
become effective as required by the Public Service Commission.
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 their minimum contract period, a reconnection
charge shall be made, payable in advance, when the customer requests
reconnection of service (see Wisconsin Public Service Commission Tariffs).
The minimum contract period is renewed with each reconnection.
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 Wisconsin Public Service Commission).
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.
A.
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 as set forth in the
City Fee Schedule.
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 Public Works Department. Payment for the water for construction
shall be as billed 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.
Property owners shall not allow contractors, masons or other persons
to take water from their premises prior to installation of a utility
meter. Any consumer failing to comply with this provision will have
water service discontinued.
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, they 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 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 their 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 10 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.
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 an RPZ, 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.
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 (see § PSC 185.38);
2.
Delinquency in payment for service received by a previous account
holder or customer at the premises to be served, if an account is
transferred to a new account holder or customer and the previous account
holder or customer continues to be an occupant of the dwelling unit
to be served;
3.
Failure to pay for an outstanding account balance with the City Water
Utility owing at a previous address and for which there is no agreement
or arrangement for payment and it is not in dispute but remains outstanding;
4.
Failure to comply with deposit or guarantee arrangements as specified
in § PSC 185.36 or 185.361;
5.
Diversion of service around the meter;
6.
Refusal or failure to permit authorized City Water Utility personnel
to read the meter at least once every four months where the utility
bills monthly or bimonthly, or at least once every nine months where
the utility bills quarterly or less frequently than quarterly. The
four- or nine-month period begins with the date of the last meter
reading;
7.
Refusal or failure to permit authorized City Water Utility personnel
access to the base meter;
8.
Violation of the City Water Utility's rules pertaining to the use
of service in a manner which interferes with the service of others
or to the operation of equipment, if the customer has first been notified
and provided with reasonable opportunity to remedy the situation;
9.
Failure to comply with Wisconsin Statutes and Public Service Commission
rules or orders pertaining to water utility service;
10.
Failure to pay costs or fees incurred by and awarded to the
City Water Utility by a court of law, for pursuit of collection of
bills, or failure to pay extraordinary collection charges as allowed
and specified in the Utility's tariffs filed with the Public Service
Commission;
11.
Failure to comply with the City Water Utility's rules or if
the customer uses a device that unreasonably interferes with communications
or signal services used for reading meters;
12.
Failure of an applicant for City Water Utility service to provide
adequate verification of identity and residency;
14.
Refusal to permit the Utility Department entry to the premises
for purposes of meter exchange, replacement of parts, or installation
of radio read devices as it relates to the water meter provided by
the City Water Utility and which needs to be maintained by the City
Water Utility.
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 10 calendar days prior to disconnection
a written disconnect notice. 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.
C.
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 in to a Deferred Payment Agreement as approved by
the Board of Public Works when applicable in order to settle the dispute.
2.
After the customer has pursued the available remedies with the Utility,
they 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.
4.
The form of disconnection notice to be used is as follows or another
form containing the same information:
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DISCONNECTION NOTICE
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Dear Customer:
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The bill enclosed with this notice includes your current charge
for utility service and your previous unpaid balance.
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You have 10 days to pay the utility service arrears or your
service is subject to disconnection.
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If you fail to pay the service arrears, or fail to contact us
within the 10 days allowed, we will proceed with disconnection action.
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To avoid the inconvenience of service interruption and an additional
charge of (amount) reconnection, we urge you to pay the full arrears
IMMEDIATELY AT OUR OFFICE.
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If you have a reason for delaying the payment, call us and explain
the situation.
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PLEASE CALL THIS TELEPHONE NUMBER ( ) IMMEDIATELY
IF:
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1.
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You have a question about your utility service arrears.
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2.
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You are unable to pay the full amount of the bill and are willing
to enter into a time payment agreement with us.
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3.
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There are any circumstances you think should be taken into consideration
before service is discontinued.
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4.
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Any resident is seriously ill.
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Illness Provision
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If there is an existing medical emergency in your home and you
furnish the Utility with a statement signed by either a licensed Wisconsin
physician or a public health official, we will delay disconnection
of service up to 21 days. The statement must identify the medical
emergency and specify the period of time during which disconnection
will aggravate the existing emergency.
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In any situation where you are unable to resolve billing disputes
or disputes about the grounds for proposed disconnection through contacts
with our Utility, you may make an appeal to the Wisconsin Public Service
Commission, Madison, Wisconsin.
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(CITY OF ONALASKA, WI)
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5.
In the event the Utility is not able to collect any bill for water
service even though deposit and guarantee rules are on file, the bill
may be put upon the tax roll as provided in § 66.0809, Wis.
Stats.
A.
At the discretion of the Water Utility staff and the City Engineer,
a one-time, per-property, per-owner adjustment for verified leaking
toilets, broken pipes, irrigation units and stuck valves on water
softeners may be made when the overage is at least two times the homeowner's
average seasonal usage for that billing period quarter. Verification
of the reason for the excess usage of water must be by Utility personnel
or by a licensed plumber. The adjusted billing will be based upon
a block rate as assigned in PSC table (MG-1). This number will be
used with an estimate based on seasonal quarter usage.
B.
If the reason for excessive water use is not detected or determined
to involve any plumbing fixtures or appliances, then the homeowner
shall be responsible, regardless of the water used, for the full amount
of water consumption listed on the quarterly bill.
C.
No adjustment will be made or offered from the point the homeowner
has been notified of the leak(s) and had the opportunity to make repairs
and/or corrections to remedy the condition. Water adjustments will
also only pertain to that quarterly billing period and the time of
the homeowner's complaint and will not include prior billing quarters
and possible higher consumption during those periods.
D.
Refer to Wis. Adm. Code § PSC 185.35(6).
A.
Section 66.069(2)(c), Wis. Stats.,[1] authorizes service by a City to an unincorporated area
and, therefore, this section provides that water service be made available
to portions of the Town of Medary, La Crosse County, Wisconsin. The
municipal utility shall have no obligation to serve beyond the area
so delineated. The service area is described as follows:
1.
Water service area, Town of Medary. A parcel of land
located in the NWI/4 - NW1/4, NEI/4 - NW1/4, SW1/4 - NWI/4 and the
SE1/4 - NWI/4 of Section 10, T16N, R7W, Town of Medary, La Crosse
County, Wisconsin, more fully described as follows:
a.
Commencing at the northeast corner of the SWI/4 - NW1/4 of Section
10, T16N, R7W; thence south along the east line of said SW 1/4 - NW
1/4 33 feet to the south right-of-way line of CTH "OS"; this also
being the point of beginning; thence west along said south right-of-way
line 60 feet; thence south parallel to said east line 257.4 feet;
thence west 450 feet; thence south 20 feet; thence west 150 feet to
the east line of Leisso Addition; thence south along said east line
349.6 feet; thence west 270 feet more or less to the east City of
Onalaska limits; thence N. 32° 00'W. to the east right-of-way
line of STH "157"; thence north along said east right-of-way line
to the north line of the SWI/4 - NWI/4 Section 10, T16N, R7W; thence
east along said north line to a point being 300 feet west of the northeast
corner of the SW 1/4 - NW 1/4; thence N.4° 09'W. 238.2 feet; thence
east 224 feet; thence S. 8° 00'E. 207 feet to the north right-of-way
line of CTH "OS"; thence east along said north right-of-way line 60
feet; thence N. 8° 00'W. 207 feet; thence east 240 feet; thence
S 8° 00'E 240 feet to the north line of SE1/4 - NWI/4 Section
10, T16N, R7W; thence east along north line 428.3 feet; thence south
290.4 feet; thence west 176.3 feet to the east right-of-way line of
Pralle Road; thence south along said right-of-way line 380 feet; thence
east 360 feet to the east right-of-way line of Germann Court; thence
south along said east right-of-way line extended to the south line
of the SEI/4 - NWI/4 of said Section 10; thence west along said south
line to the west right-of-way line of Pralle Road; thence north along
said right-of-way line 206 feet; thence west 150 feet; thence north
parallel to west right-of-way line of Pralle Road 600 feet; thence
east 150 feet to west right-of-way line of Pralle Road; thence north
along said west right-of-way line 230 feet; thence east parallel to
north line of the SE1/4 - NWI/4 442 feet to west line of said SE1/4
- NW1/4; thence north along said west line 257.4 feet to the point
of beginning.
b.
Also, that portion of the present Town of Medary lying east
of the present City of Onalaska corporate limits, west of the town
line of the Town of Hamilton, north of the La Crosse River and south
of USH 16.
[1]
Editor's Note: Section 66.069, Wis. Stats., was repealed and
renumbered by 1999 Act 150. See now § 66.0813, Wis. Stats.
