A. 
Except as provided in Subsection B of this section, every owner of a parcel of land within the Village shall install, at owner's expense, and maintain suitable plumbing facilities and connect to Village owned water main within 90 days after the date of written notice by the Village Board.
B. 
A private well operation permit shall be maintained for all private wells in the Village. Failure to maintain a current private well operation permit may result in the mandatory abandonment of the private well within 90 days of written notice by the Village Board. No connection shall be made between the private well and the Village potable water system whatsoever.
[Added 2-20-2023 by Ord. No. 1900]
A. 
Purpose. The purpose of this section is to prevent contamination of groundwater and to protect public health. safety and welfare by assuring that unused, unsafe or noncomplying wells, or wells which may serve as conduits for contamination, or wells which have been illegally cross-connected to the municipal water system, are properly abandoned.
B. 
Applicability. This section applies to all wells located on premises served by a municipal water system.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
MUNICIPAL WATER SYSTEM
A system for the provision to the public of piped water for human consumption that is maintained and operated by a Public Service Commission water utility.
NONCOMPLYING
A well or pump installation which docs not comply with the provisions of Ch. NR 812, Wis. Adm. Code, in effect at the time the well was constructed, a contamination source was installed, the pump was installed or work was done on either the well or pump installation.
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.
UNSAFE
A well or pump installation which produces water which is bacteriologically contaminated or contaminated with substances which exceed the standards of Ch. NR 809 or 140, Wis. Adm. Code, or for which a health advisory has been issued by the Department of Natural Resources.
UNUSED
A well or pump installation which is not in use or does not have a functional pumping system.
WELL
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.
WELL ABANDONMENT
The filling and scaling of a well according to the provisions of Ch. NR 812, Wis. Adm. Code.
D. 
Abandonment required. All wells located on premises connected to the municipal water system shall be abandoned in accordance with Ch. NR 812, Wis. Adm. Code, and no later than one year from the date of connection to the municipal water system, whichever occurs last, unless a well operation permit has been obtained by the well owner from the Village of Whitefish Bay.
E. 
Well operation permit. The Village of Whitefish Bay may grant a permit to a private well owner to operate a well for a period not to exceed five years, providing the conditions of this section arc met. An owner may request renewal of a well operation permit by submitting information verifying that the conditions of this section are met. Permit applications and renewals shall be made on forms provided by the Village of Whitefish Bay. A permit fee will be paid for a well operation permit and each renewal for a permit. All applicable fees shall be paid. The following conditions must be met for issuance or renewal of a well permit:
(1) 
The well and pump installation meet or arc upgraded to meet the requirements of Ch. NR 812, Wis. Adm. Code, in effect at the time the well was constructed;
(2) 
The well and pump installation have a history of bacteriologically safe water as evidenced by at least one sampling. 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 arc no cross-connections between the well and pump installation and the municipal water system;
(4) 
The well and pump installation arc connected only to exterior hose bibs or exterior irrigation systems.
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 Ch. NR 812, Wis. Adm. Code. All debris, pumps, piping, unscaled liners and any other obstruction which may interfere with sealing operations shall be removed prior to abandonment.
(2) 
The owner of the well, or the owner's agent, shall submit to the Village of Whitefish Bay verification that the well has been abandoned.
G. 
Violations and penalties.
(1) 
Any person found violating the provisions of this section shall be provided written notice stating the nature of the violation and providing a reasonable time, not to exceed 30 days, for the correction of the violations. If any person fails to comply with this section after receiving written notice of the violation, the Village of Whitefish Bay 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 per § 66.027, Wis. Stats.
(2) 
Any person who violates any mandatory restriction on water usage issued pursuant to this article or fails to comply with any of its requirements shall be subject to a penalty as provided in Chapter 17 of this Code, in addition to the specific penalties provided in this section. A separate offense shall be deemed committed on each day on which a violation of this section occurs or continues.
Any person desiring to connect with the public water system shall apply, in writing, to the utility on a form furnished by the utility. The application shall be made by the owner or their representative and shall include a statement giving the exact location and use of the premises to be served, the name of the owner, the purpose for which the service is to be used, the date and time when the work is to be done, the size of the supply pipe and meter desired, and such other information as may be required by the utility. Any special refrigeration, air conditioning or other high water-consuming appliances shall be particularly noted on the application. The utility may deny any application where the required information is not provided.
No work of laying the water lateral and/or water service pipe shall be commenced or continued without the required connection permit being on the premises. At the time of connecting, the water lateral and/or water service pipe to the meter setting shall be inspected by the Director of Public Works or their designate. Connection permits shall not be granted unless all of the following conditions are met:
A. 
The property owner agrees to install a water service pipe from the curb stop to the unit of service according to all utility specifications; and
B. 
The premises to be served will have adequate piping beyond the metering point; and
C. 
All applicable permit and inspection fees have been paid.
A. 
Multiunit dwellings 15 units or less shall be served by individual metered water services to each unit. Each meter and meter connection shall be a separate customer for the purpose of the regulations. The owner of a multiunit dwelling of 15 units or less has the option of either installing individual water laterals to each unit or installing the building lateral to a master meter room where the interior plumbing and meter settings are located for all units. The owner, by selecting the latter option, is required to provide interior plumbing and meter setting to enable individual metered service to each unit and individual disconnection without affecting service to other units. An access agreement shall be recorded, granting the utility access to the master meter room for maintenance of the meter and for disconnecting water services for nonpayment of utility bills.
B. 
Multiunit dwellings 16 units or greater have the option of being served by individual metered water services to each unit or by one master meter for the entire dwelling. The owner shall meet the requirements set forth in this section if the multiunit dwelling will be served by individual metered water services.
The owner of any building in which an automatic fire sprinkler system is required pursuant to the fire code shall submit, prior to installation of such system, three sets of plans for review and approval by the Director of Building Services, Director of Public Works and by the North Shore Fire Department. Such private fire protection systems shall be unmetered and shall be charged at the rates established by the Village.
A reconnection charge in accordance with the Village fee schedule shall be required from customers whose services are disconnected because of nonpayment of bills when due, not including disconnection for failure to comply with deposit or guarantee rules. A customer shall be considered as the same customer provided the reconnection is requested for the same location by any occupant of the premises or, if a place of business, by any partner or employee of the same business. All requests for service discontinuance or reconnection for any reason shall be subject to all applicable Village fees.
Application required. Any person desiring to connect to the utility water system on a temporary and limited basis shall make application to the utility for permission according to the following provisions of this article.
An applicant for temporary water supply on a metered basis shall obtain a permit from the utility and comply with the terms of the permit and be billed in accordance with the Village Fee Schedule.
A. 
Where a water meter cannot be installed immediately, service may be supplied temporarily on an unmetered basis upon written application to the utility. Such service shall be billed in accordance with the Village Fee Schedule.
B. 
When water is wanted on an unmetered basis for construction purposes, a written application shall be made to the utility. If the application is approved, payment for the water shall be made in accordance with the approved building and construction water service unmetered rate. For construction purposes, the water must be drawn from the service pipe which is carried inside the foundation wall. No connection with the service pipe at the curb shall be made. 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. 
When water is wanted on an unmetered basis for isolated purposes such as filling swimming pools, tanks, etc., written application therefor shall be made to the utility. If the application is approved, payment for the water shall be made in advance at the scheduled rates for general unmetered water service.
In cases where no other supply is available, permission must be granted by the utility to connect to a hydrant utilizing a utility issued water meter only. In no case shall any hydrant or hydrant valve be operated except by a member of the utility. In the use of a fire hydrant supply, the hydrant valve will be set at the proper opening by the utility. When the applicant is finished using any hydrant, they shall return the meter to the utility. If the application is approved, payment for the water shall be made at the scheduled rates for general metered water service.
The Village may require a security deposit as a precondition for temporary connection to its water service or for use of Village equipment incident thereto. All monies deposited as security for payment of charges arising from the use of temporary water supply on a metered basis shall be refunded to the applicant when the use of water has terminated, all charges have been paid, and all equipment and meters have been returned undamaged.
The owner or applicant shall install the water service lateral not less than six feet below the surface of an established or proposed grade at their own expense. Once installed and approved, the Village shall be responsible for the complete operation, repair and maintenance of such water service lateral from the water main to and including the curb stop and stop box. Such initial installation by the owner or applicant shall be in accordance with the latest edition of the Village's and Wisconsin State standard specifications for public works construction and shall be subject to inspection and approval in accordance Village Code regulating the division and subdivision of land. A nonrefundable permit fee shall be paid upon filing the application in accordance with the Village Fee Schedule.
A. 
After the necessary application procedures are complete, the property owner shall install, own, operate, repair and maintain, at their sole expense, the water service pipe from the curb stop to the point of use in perpetuity. Such water service pipe shall be installed not less than six feet below the surface of an established or proposed grade and according to all specifications of the utility. In addition, special protective coverings may be required by the utility where soil conditions and other factors are conducive to premature failure of the service.
B. 
The applicant's plumber shall be responsible for connecting said service pipe to the curb stop and service. No plumber shall cover or permit the covering of any water service pipe until the installation has been inspected and approved by the utility.
C. 
Water service pipes shall be installed in accordance with Wis. Adm. Code Chs. COMM 81 through 86 (the State Plumbing Code).
D. 
If the owner fails to repair a leaking or broken water service pipe from the curb stop to the point of metering or use within such time as may appear reasonable to the utility, after written notice, the water will be shut off and will not be turned on again until the repairs have been completed, per Public Service Commission regulations.
All water services shall be of a Village-approved size from the Village water main into 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.
The utility shall inspect the stop box and curb stop prior to setting of the water meter to ascertain any damages incurred during construction of improvements on a given lot. If, at that inspection or any prior inspection, it is found that the stop box and curb stop have been damaged, they shall be repaired by the utility and the full cost of said repair shall be paid by the property owner in full. If not paid within 90 days, the cost of said repairs shall be placed on the tax roll as a special tax against the property.
A. 
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 or refrigeration systems by means of high-pressure safety cutout devices. In addition, protection shall be provided by the owner or occupant against freezing and damage of the water service and meter.
B. 
There shall likewise be provided means for the prevention of the transmission of water hammer or noise of operation of any valve or appliance through the piping of their own or adjacent premises.
A. 
No division of the water service of any lot or parcel of land shall be made for the extension and independent metering of the supply to an adjoining lot or parcel of land.
B. 
No division of a water supply service shall be made at the curb stop for separate supplies there from for two or more separate premises having frontage on any street or public service strip whether owned by the same or different parties.
C. 
In cases of group or commercial venture housing where all buildings are under one ownership, a large service may be installed and separate service pipes installed by the owner to serve separate units. Each separate service pipe shall have a utility approved curb stop and a separate meter located between the large service and the building.
D. 
For new construction of group or commercial venture housing, master metering of groups of separated buildings shall not be allowed.
All new service connections to the water utility system shall be metered. Meters shall be provided, owned, maintained and tested by the utility and the utility reserves the right to specify at any time, the size of a meter required and the amount of open space necessary for access.
The customer shall, at their expense, provide a suitable location, access and the proper connections for the utility owned water meter. The applicant's plumber shall obtain the exact overall dimensions of the meter and shall set the couplings the proper distance apart to accommodate the meter. Upon presentation of credentials, a representative of the utility may request entry at any reasonable time to examine the water metering arrangement. If entry is refused, the representative shall obtain a special inspection warrant under § 66.0119, Wis. Stats. Upon request by a representative of the utility, the owner, lessee or occupant of any property so served shall furnish to the utility any pertinent information regarding the piping system or systems on the property if the information is known to the owner, lessee or occupant.
A. 
All meters are to be located just inside of the wall at which the service pipe enters the building. The service will be flushed, the meter set, and the water turned on without extra cost to the customer. The water shall not be turned on for a customer except by the utility. The applicant plumber must leave the water turned off except to test their work. Any covering placed over a meter shall be easily removable. If electric ground wires are attached to the water piping, they shall be connected outside the unions on the inlet side of the meter.
B. 
Water meters will not be located in any pit or well or below any stairway, landing or platform unless there is provided a space not less than four feet above and around three sides of the center line of the water meter supply line.
C. 
It shall be the duty of the customer to see that the Village employee does not have to cause inconvenience to the customer when reading or replacing meters. Connections for water meters shall not be installed in any location that is or may be unclean, unsanitary, inaccessible, or in any manner hazardous to utility employees.
D. 
Access to all meters, valves, nipples and other fittings shall be provided in a common room such that walls, shelves, bookcases, storage areas, or partitions do not interfere with operation, inspection, installation and repair of a meter.
All water meters installed by the utility shall be sealed; it is the responsibility of the customer that the seal remain intact. If it is necessary to break the seal, the utility shall be notified immediately.
At the time of setting the meter, the utility may install a transponder or remote register. Such transponders or remote registers shall be installed within 10 feet of the meter or as close as practicable. The register or transponder shall be owned, provided, installed, maintained, tested and replaced by the utility.
At the discretion of the Village, any meter may be removed and tested. If the meter is found recording fast in excess of Public Service Commission regulations, there will be an adjustment for past billings pursuant to §§ PSC 185.61 through 185.78, Wis. Adm. Code.
Meters will be maintained and repaired by the utility with all costs of such repairs caused by ordinary wear and tear being borne by the utility. Repair of any damage to a meter resulting from the carelessness of the owner of the premises, their agent, or tenant, or from the negligence of any one of them to properly secure and protect same, including any damage that may result from allowing a water meter to become frozen or to be injured from the presence of hot water or steam in the meter, shall be paid for by the customer or the owner of the premises.
In this section, the term "cross-connection" means 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 foreign source, water of unknown or questionable safety, or steam, gases, or chemicals, whereby upon loss of pressure or any pressure condition, there may be flow, be siphoned or pumped into the piping from of the one system into the utility water system.
No person may establish or permit to be established or maintain or permit to be maintained any cross-connection, either of a direct or indirect nature. No interconnection may 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 the Village, unless the private, auxiliary or emergency water supply and the method of connection and use of the supply shall have been approved by the utility and by the State Department of Natural Resources under Wis. Adm. Code § NR 811.9(2).
A. 
The utility shall cause periodic inspections to be made of all properties served by the public water system where cross-connection with the public water system is deemed possible. The frequency of inspections and reinspections shall be as established by the utility and as approved by the State Department of Natural Resources.
B. 
Upon presentation of credentials, a representative of the utility may request entry at any reasonable time to examine for cross-connections any property served by a connection to the Village's public water system. If entry is refused, the representative shall obtain a special inspection warrant under § 66.0119, Wis. Stats. Upon request by a representative of the utility, the owner, lessee or occupant of any property so served shall furnish to the utility any pertinent information regarding the piping system or systems on the property if the information is known to the owner, lessee or occupant.
A. 
The utility is 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. Except as provided in § 14-67, water service may be discontinued only after reasonable notice and opportunity for an appeal under the appropriate section. Water service to the property shall not be restored until the cross-connection has been eliminated in compliance with this section.
B. 
Emergency discontinuance of service. If it is determined by the 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 Director of Public Works and delivered to the customer's premises, service may be immediately discontinued or ordered disconnected. The customer shall have an opportunity for an appeal under this chapter, if filed with the Village within 10 days of such emergency discontinuance.
The utility shall have a cross-connection control policy in addition to this chapter. This policy, and subsequent amendments, shall be reviewed and approved by the Village Board.