[Adopted 3-1-1993 by Ord.
No. 2-93 (§§ 12.01 through 12.10,
12.12 through 12.14 of the 1993 Municipal Code)]
A.
An article regulating the use of public water mains and laterals,
the installation and connection of customer water service, the use
of the water supply system, and providing penalties for violations
thereof, and levying and collection of water service charges and cost
recovery charges in the City of Edgerton, Counties of Rock and Dane,
State of Wisconsin. This article shall supersede any previous ordinance,
rules or regulations, and shall repeal all parts thereof that may
be inconsistent with this article. If there is any conflict between
this article and any applicable statute, the state statute shall be
controlling.
B.
Be it ordained and enacted by the City Council of the City of Edgerton,
State of Wisconsin as follows:
(1)
Municipal water utility. The City's water service system shall constitute
and be operated as a public utility. The utility shall be subject
to all other provisions of § 66.0819, Wis. Stats.
[Amended by Ord. No. 217; at time of adoption of Code (see Ch. 1, General Provisions, Art.
II)]
(2)
Standard Specifications for Sewer and Water Construction in Wisconsin
are hereby adopted by reference and incorporated into this article.
(3)
Chs. SPS 381 to 387, Plumbing Code, Wis. Adm. Code, are hereby adopted
by reference and incorporated into this article.
Unless the context specifically indicates otherwise, the following
terms, as used in this article, shall have the meanings hereinafter
designated:
The authority empowered to adopt this article and any board,
commission, or committee designated by it to administer and enforce
the terms of this article. The approving authority shall be the City
Council.
The City of Edgerton, Rock and Dane County, State of Wisconsin.
Any user whose premises are used primarily for the conduct
of a profit-oriented enterprise in the fields of construction, wholesale
or retail trade, finance, insurance, real estate or services, and
who discharges primarily normal domestic wastewater. This definition
shall also include multifamily residences having three or more units
served by a single water meter.
The Public Service Commission of the State of Wisconsin.
Any physical connection or arrangement between two otherwise
separate systems, one of which contains potable water from the City
of Edgerton water systems 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.
The valve box installed on customer premises or edge of customer
premises for shutoff of service to the customer's service line. The
curb stop separates the public utility service main from the customer
service lateral.
The owner or occupant of premises to which water or sewer
service is to be furnished. The customer at all times means that property
owner or occupant at the time a contribution is to be made or refund
becomes available.
That system which generates operation and maintenance (O&M)
and replacement revenues equitably for providing each user class with
services.
Categories of customers having similar flows and water characteristics;
that is, levels of biochemical oxygen demand, suspended solids, phosphorus,
ammonia nitrogen, etc. For the purposes of this article, there shall
be four user classes: residential, commercial, industrial, and public
authority.
An acquired legal right for the specific use of land owned
by others.
The portion of the water service charge based upon the number
of dwelling units, the number of customer's meters/connections to
the water system and the size of the customer's water meters serving
the user. Fixed charges shall recover the cost of debt retirement
and associated reserves and depreciation associated with the construction,
erection, modification or rehabilitation of the water treatment facility
and distribution system for customer billing.
Any user employed in industrial, manufacturing, trade, or
business establishments or from the development of any natural resource.
Industrial user also includes any user whose premises are used primarily
for the conduct of a profit-oriented enterprise in the fields of manufacturing,
dairy products processing, meat processing, other food and drink products,
painting or finishing operations, transportation, communications or
utilities, mining, agriculture, forestry or finishing. Industrial
customers are served by one master meter or by one or more smaller
meters as desired by the user.
A meter serving a commercial or industrial service line located
between the public water main and the first branch or tee of the customer's
water system piping.
Is permissible.
All costs associated with the operation and maintenance of
the water treatment facility and water distribution system, as well
as the costs associated with periodic equipment replacement necessary
for maintaining the capacity and performance of the water treatment
and distribution systems.
A licensed City employee or their duly authorized representative.
Any and all persons including any individual, firm, company,
municipal, or private corporation, association, society, institution,
enterprise, governmental agency, or other entity.
The logarithm (base 10) of the reciprocal of the hydrogen
ion concentration. The concentration is the weight of hydrogen ions,
in grams, per liter of solution. Neutral water, for example, has a
pH value of 7 and a hydrogen-ion concentration of 10-7.
Any customer whose premises are used for the conduct of the
legislative, judicial, administrative, or regulatory activities of
federal, state, local, or international units of government; government-owned
educational facilities; government-owned health facilities; or government-owned
recreational facilities. This does not include government-owned-or-operated
business establishments.
The public fire protection charge is one which is not directly
seen by the general public, but has a significant impact on the water
utility's revenues. Water rates authorized by the Public Service Commission
of Wisconsin contain a number of special charges besides the water
tariff for general water service customers. When a water system is
constructed, mains, elevated storage tanks, and pumps are sized to
permit flows capable of handling the water needs of the consumers
as well as to provide adequate fire flows. The requirement for fire
flow capability results in the construction of a larger system than
that required to meet daily domestic and process uses. There is, therefore,
an identifiable cost associated with the existence of this fire flow
capability. This cost, along with the cost of hydrants and associated
hardware, is the basis for the fire protection charge.
Expenditures for obtaining and installing equipment, accessories,
and appurtenances which are necessary during the service life of the
pumping and treatment facility and distribution system to maintain
their design capacity and performance for which the systems were designed
and constructed. Operation and maintenance costs include replacement
costs.
The supply of potable water to customer. See also "unit of
water service."
The portion of system located between the service main and
the customer's premises or connection point to the customers premises.
Any potable water mains provided by or subject to the jurisdiction
of the City of Edgerton. It shall also include mains within or outside
the City of Edgerton boundaries that serve one or more persons outside
the City boundaries.
A pipe or conduit that carries wastewater or drainage water.
Is mandatory.
The examination and analytical procedures set forth in the
most recent edition of "Standard Methods for the Examination of Water,
Wastewater, and Industrial Wastes," published jointly by the American
Public Health Association, the American Water Works Association, and
the Water Pollution Control Federation.
A sewer which carries stormwaters and surface drainage but
which excludes wastewater.
A situation where the customer is obtaining water, in whole
or in part, by means of devices or methods used to stop or interfere
with the proper metering of the Utility service being delivered.
Solids that either float on the surface of, or are in suspension
in water, wastewater, or other liquids, and that are removable by
laboratory filtering as prescribed in "Standard Methods" and are referred
to as nonfilterable residue.
Any aggregation of space or area occupied for a distinct
purpose such as a residence, apartment, flat, store, office, or factory
which is equipped with one or more fixtures for rendering water service
separate and distinct from other users. Each unit of service shall
be regarded as one customer and the surcharge for additional customers
on a meter assessed accordingly.
A user who is not connected to the municipal water system
thereby does not have his private water supply metered.
The Edgerton Water Utility.
The portion of the water service charge based on the volume
used.
The spent water of a community. From the standpoint of source,
it may mean the combination of the liquid and water-carried industrial
or domestic wastes from dwellings, residences, commercial buildings,
industrial facilities, and institutions, together with any groundwater,
surface water, and stormwater that may be present, whether treated
or untreated, which is discharged into or permitted to enter the City's
wastewater collection system.
An arrangement of any devices, facilities, structures, equipment,
or works owned or used by the City for the purpose of the transmission,
storage, treatment, or recycling of potable water, including service
mains, aboveground and below-ground water storage tanks, water pumping
stations, water supply wells, fire hydrants, power stations, and other
equipment, and their appurtenances; or any extensions, improvements,
remodeling, additions, and alterations thereof; and any works, including
land that will be an integral part of the pumping, storage or transmission
system.
A natural or artificial channel for the passage of water
either continuously or intermittently.
The Wisconsin Department of Natural Resources.
A.
City Council of the City of Edgerton. The management, operation,
and control of the Municipal Water Utility of the City of Edgerton
is vested in the City Council of said City of Edgerton; all records,
minutes, written procedures thereof and financial records shall be
kept by the City Clerk of the City of Edgerton.
B.
Municipal Water Utility of the City of Edgerton. The Municipal Water
Utility of the City of Edgerton shall have the power to construct
service mains for public use and shall have the power to lay service
mains in and through the alleys, streets, and public grounds within
the City boundaries, and generally, to do all such work as may be
found necessary or convenient in the management of the water service
system. The City of Edgerton, its officers, agents, and employees,
are empowered to enter upon any land for the purpose of inspection
or supervision in the performance of their duties under this article,
without liability therefor, and the approving authority shall have
power to purchase and acquire all real and personal property which
may be necessary for construction of the water system, or for any
repair, remodeling, or addition thereto.
C.
Condemnation of real estate. Whenever any real estate or any easement
therein, or use thereof, shall in the judgement of the approving authority
be necessary to the water system, and whenever, for any cause, an
agreement for the purchase thereof cannot be made with the owner thereof,
the approving authority shall proceed with all necessary steps to
take such real estate easement, or use by condemnation in accordance
with the Wisconsin Statutes and the Uniform Relocation and Real Property
Acquisition Policy Act of 1970,[1] if federal funds are used.
[1]
Editor's Note: See 42 U.S.C. § 4601 et seq.
D.
Title to real estate and personal property. All property, real, personal,
and mixed, acquired for the construction of the water service system,
and all plans, specifications, diagrams, papers, books and records
connected therewith said water service system, and all buildings,
machinery, and fixtures pertaining thereto, shall be the property
of said approving authority.
E.
Rules, rates, and regulations.
(1)
The rules, regulations, and customer charges are a part of the contract
between the Utility and every customer. Every person who connects
to the water service system and receives a water supply from the Municipal
Water Utility is deemed to have consented to be bound by such rules,
regulations, and rates as filed with the Public Service Commission
of Wisconsin. For service contract conditions refer to PSCW Order
No. 1760-WR-101, Schedule X-1.1, Amendment 19.
(2)
In the event of violation of the rules or regulations, the water
service to the violating user may be shut off (even if two or more
parties are receiving service through the same connection). Water
service shall not be reestablished until all outstanding bills, and
shutoff and reconnection charges, are paid in full, and until such
other terms and conditions as may be established by the approving
authority are met.
(3)
In addition to all other requirements, the approving authority shall
be satisfied that the offender will not continue in violation of the
rules and regulations before authorizing reconnection of the offender's
services. The approving authority may change the rules, regulations,
and water service rates from time to time as it deems advisable, and
may make special rates and contracts in all proper cases.
A.
Area to be served. The area to which the Edgerton Municipal Water
Utility shall furnish water shall be strictly limited to the corporate
limits of the City of Edgerton, with the following exceptions:
(1)
Water service may continue to be furnished to users on State Highway
51 who presently receive service from an existing water main, which
extends south from the south corporate limit of the City along said
highway a distance of approximately 800 feet.
(2)
Water service may continue to be furnished to users who presently
receive service on Blaine Street, north of the City limits, by attaching
to an existing water main. In case said water main should be extended
north along Blaine Street, the owners of any lateral or laterals shall
pay their proportionate share of installing such water main.
(3)
Water service may continue to be furnished to the Fulton Water Utility.
B.
Service application. Application for the original installation of
a supply from the City water main, or for any extension or alteration
of any existing supply from the curbline or within the street property
line, shall be filed with the Water Utility by the owner of the property
or his authorized agent for the approval of the approving authority
prior to the performance of any such work. The signing of the application
card or permit by the owner or his agent shall constitute a contract
for water supplied and its specific use, which contract embodies these
regulations by reference. If a master plumber or owner makes such
application, he shall provide the name of the property owner and the
plumber, the legal description of the property, the street location,
the officially designated building number, the exact use of service
and meter desired, size and character of the supply pipe, and fixtures
or appliances to be supplied. For further information, refer to PSCW
Order No. 1760-WR-101, Schedule X-1.1, Amendment 19.
C.
Conditions of service. Refer to PSCW Order No. 1760-WR-101, Schedule
X-1.1, Amendment 19.
D.
Multiunit dwelling option. Refer to PSCW Order No. 1760-WR-101, Schedule
X-1.1, Amendment 19.
E.
No division of water supply. Refer to PSCW Order No. 1760-WR-101,
Schedule X-1.1, Amendment 19.
F.
Withholding approval of application. The approving authority is empowered
to withhold approval of any application for which a full disclosure
of information regarding the purpose of such supply is not clearly
indicated and fully set forth by the applicant property owner.
G.
General use conditions. Except as hereinafter provided, customers,
contractors, and all other service customers shall abide with the
following conditions:
(1)
Water service supplied to customers shall be metered and the metered
service rates applied. Refer to PSCW Order No. 1760-WR-101, Schedule
X-1.1, Amendment 19 for meter settings and requirements. Where the
Utility cannot immediately install a water meter, service may be supplied
temporarily on an unmetered basis in accordance with PSCW 1760-WR-101,
Schedule Ug-1.
(2)
Water service to City buildings, schools, and other public institutions
shall be metered and the regular service rate applied.
(3)
Temporary metered supply, meter and deposits. Refer to PSCW Order
No. 1760-WR-101, Schedule X-1.1, Amendment 19.
(4)
Refunds of monetary deposits. Refer to PSCW Order No. 1760-WR-101,
Schedule X-1.6, Amendment 19.
(5)
Turning on water. Refer to PSCW Order No. 1760-WR-101, Schedule X-1.6,
Amendment 19.
(6)
Bypass of water around the water meter is prohibited and may result in disconnection of service is accordance with § 366-37.
(7)
Cross-connections shall not be established or permitted to be established as set forth in § 366-29.
(8)
Surreptitious use of water. See PSCW Order No. 1760-WR-101, Schedules
X-1.10 and X-1.11, in addition to the following.
(a)
Use of hose without a nozzle and permitting water to run to
waste is positively prohibited when on a flat rate. No yard hydrant
shall be replaced or a new one installed without first consulting
the approving authority.
(b)
No yard hydrant shall be installed without a meter located in
the basement of the building or in a suitable meter pit four feet
deep by four feet square approved by the approving authority.
(9)
Water for construction and use of hydrants. Refer to PSCW Order No.
1760-WR-101, Schedule X-1.2, Amendment 19.
(10)
Unauthorized use of valves and hydrants.
(a)
Refer to PSCW Order No. 1760-WR-101, Schedule X-1.3, Amendment
19.
(b)
Owners or operators of motor vehicles may be held responsible
for the cost of repair of any hydrant damaged by a motor vehicle,
and the Utility shall not be responsible for the damage to the motor
vehicle by reason of such accident.
(11)
Contractor duties shall include the use of caution near service
main and laterals, including but not limited to the below requirements:
(12)
Customer shall protect curb stop box. Refer to PSCW Order No.
1760-WR-101, Schedule X-1.5, Amendment 19.
(13)
Utility shall protect the public safety in accordance with PSCW
Order No. 1760-WR-101, Schedule X-1.11.
H.
New connections. New connections to the existing water system shall
not be permitted if there is insufficient capacity or pressure or
funding ability, or for any other reason.
I.
Free service. No customer shall receive free service.
A.
New residential service. The Utility will not require a cash deposit
or other guarantee as a condition of new residential service unless
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 shall not require a cash
deposit or other guarantee as a condition of continued service but
may require a deposit if either or both of the following circumstances
apply:
(1)
The Utility has shut off or discontinued the service of the customer
within the last twelve-month period for violation of the Utility's
filed rules for nonpayment of a delinquent service account not currently
in dispute.
(2)
Subsequent credit information indicated that the initial application
for service was falsified or incomplete to the extent that a deposit
would be required under this section.
C.
Commercial and industrial service.
(1)
In the case of nonresidential service, if the credit applicant for
water service has not been established satisfactorily to the Utility,
the applicant may be required to deposit a sum not exceeding the estimated
gross bills for all water service, both billed and unbilled, which
can be supplied before the Utility's filed disconnect rule becomes
applicable. The amount to be deposited may be a minimum of $1 per
month for each class of water service furnished.
(2)
The deposit shall be refunded after 24 consecutive months of prompt
payment. In no case, however, will a deposit be refunded if the customer's
credit standing is not satisfactory to the Utility.
(3)
Payment shall be considered "prompt" if it is made prior to notice
of disconnection for nonpayment not in dispute.
D.
Conditions of deposit. The maximum deposit for a new or existing
residential account shall not exceed the estimated gross bills for
all water service, both billed and unbilled, which can be supplied
before the Utility's filed disconnect rule becomes applicable. The
amount to be deposited may be a minimum of $1 per month for each class
of water service furnished.
E.
Other conditions. A new or additional deposit may be required upon
reasonable written notice of the need therefore 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.
F.
Interest. Deposits shall bear interest at the legal rate, payable
from the date of deposit to the date of refund or discontinuance of
service, whichever is earlier.
H.
Refund. Any deposit or portion thereof refunded to a customer shall be refunded by check unless both the customer and the Utility agree to a credit on the regular billing or unless § 366-27I applies.
I.
Accrued interest. Upon termination of service, the deposit, with
accrued interest, shall be credited to the final bill and the balance
shall be returned promptly to the customer.
J.
Guarantee. The Utility shall not require any customer to pay a deposit
or establish a guarantee in lieu of deposit without explaining, in
writing if requested, why that deposit is being required.
K.
Service refusal. Service may be disconnected or refused for failure to pay a deposit request subject to the rules pertaining to disconnection and refusal of service (§ 366-37).
L.
Guarantee terms and conditions.
(1)
The Utility may accept, in lieu of a cash deposit, a contract signed
by a guarantee satisfactory to the Utility whereby payment of a specified
sum not exceeding the cash deposit requirement is guaranteed. The
term of such contract shall be no longer than two years, but shall
automatically terminate after the customer has closed his account
with the Utility, 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 the same insufficient as to amount of surety, a cash deposit
or a new or additional guarantee may be required upon reasonable written
notice to the customer. The service of any customer who fails to comply
with these requirements may be disconnected upon eight days' written
notice.
(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.
M.
Deferred payment. In lieu of 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 defined in § 366-37L for the outstanding account.
Protective devices shall be in accordance with the following:
A.
In general. Refer to PSCW Order No. 1760-WR-101, Schedule X.1.12,
Amendment 19.
B.
Relief valves. Refer to PSCW Order No. 1760-WR-101, Schedule X.1.12,
Amendment 19.
C.
Air chambers. Refer to PSCW Order No. 1760-WR-101, Schedule X.1.12,
Amendment 19.
D.
Check valves. Check valves shall be required on the water supply
line to water heaters and incorporated in such a way as to prevent
backflow to the meter.
A.
Refer to PSCW Order No. 1760-WR-101, Schedule X-1.13, Amendment 19.
All private fire protection systems having cross-connection with public
supplies shall maintain the double check and gate valves, installed
by an order of the State Department of Natural Resources, free from
leakage or defect of any nature.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
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 City of Edgerton 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 City of Edgerton Water Utility and by the
Wisconsin Department of Natural Resources in accordance with § NR
811.07, Wis. Adm. Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
It shall be the duty of the Utility Commission 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 inspection and reinspection based on potential health
hazards involved shall be established by the approving authority and
as approved by the Wisconsin Department of Natural Resources.
D.
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 City of Edgerton for cross-connection. 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 the systems on
such property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
The City of Edgerton is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of the ordinance 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 § 366-29F. Water service to such property shall not be restored until the cross-connection(s) has been eliminated in compliance with the provisions of this article.
F.
If it is determined by the approving authority 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 Administrator of the City of Edgerton 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.
A.
Work authorized.
(1)
No unauthorized person shall uncover, make any connections with or
opening into, use, alter, or disturb any service main or appurtenance
thereof without first obtaining a written permit from the approving
authority.
(2)
No contractor, plumber, pipe fitter or other person shall be permitted
to do work on any service main or service lateral without first receiving
a license from the State of Wisconsin.
(3)
A separate and independent service lateral shall be provided for
every building intended for human habitation or occupancy.
(4)
Prior to commencement of the work, the permittee shall notify the
City of Edgerton at least 48 hours before beginning any excavations.
B.
Service lateral connection requirements. Service shall be furnished
only if the following conditions are met:
(1)
Premises have a frontage on a properly platted street or public strip
in which a water main has been laid, or where the property owner has
agreed to and complied with the provisions of the Utility's filed
main extension rule, and the water service connection is made between
the property lines, extending to the main;
(2)
The property owner has installed or agrees to install a service pipe
from the service main to the point of use which is laid not less than
six feet below the surface of an established or proposed grade and
is laid according to the Utility's specifications. Couplings shall
be of such material as to provide electrical conductivity;
(3)
The existing water system has adequate capacity and pressure to provide
the required service to the service lateral.
C.
Cost of service lateral connection. All costs and expenses incident
to the installation and connection of an initial service lateral shall
be borne by the property owner. The owner shall indemnify the approving
authority from any loss or damage that may directly or indirectly
be occasioned by the installation of the service lateral. The approving
authority shall approve the contractor and construction plans for
the service lateral. Upon completion of the service lateral, the owner
shall be responsible for all reconstruction and maintenance costs
from curb stop box to point of use.
D.
Use of old service laterals. Old service laterals may be used in
connection with new buildings only when they are found on examination
and test by the approving authority, to meet all requirements for
this article.
E.
Materials and methods of construction. The size, alignment, materials
of construction of service lateral, and the methods to be used in
excavating, placing of the pipe, jointing, testing, and backfilling
the trench, shall all conform to the requirements of this section
and the Standard Specifications for Sewer and Water Construction,
the Building Code, Plumbing Code, Wisconsin Administrative Code, the
State Department of Natural Resources or other applicable rules and
regulations of the approving authority.
F.
Service laterals.
[Amended 11-2-2020 by Ord. No. 20-09]
(1)
Public side service laterals (from main in street to valve in terrace)
shall be a minimum of one-inch Type K copper only, and shall include
a brass corporation stop for connection to the main, a brass curb
stop valve to shut off the service and a curb stop box to gain access
to the valve.
(2)
Private side service laterals (from valve in terrace to meter) shall
be a minimum of one-inch Type K copper or a minimum of one-inch plastic
tubing. Tubing must be NSF-certified with factory installed tracer
wire for locating. Tracer wire shall be brought to ground surface
via curb stop box for connection to locating tool.
(3)
Commercial or industrial services three inches and larger shall be
of ductile iron as specified for mains and shall include a valve and
access box.
(4)
All laterals from the main to the point of entrance to the building
foundation or floor should have a depth of cover of six feet.
(5)
At the discretion of the approving authority, whenever any lateral
located on property between the City street and the building is found
to have less than six feet of cover, the property owner shall be notified
and be given one year to properly relocate the lateral to a depth
to provide six feet of cover. All costs for lowering shall be borne
by the property owner.
(6)
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 water supply service
shall be made at the curb for separate supplies for more than two
separate premises having frontage on any street or public service
strip whether owned by the same or different parties. Separation must
be made prior to the existing curb stop to allow for the installation
of a second curb stop on the separated supply.
G.
Conformance to Plumbing Codes. The connection of the service lateral to the service main shall conform to the requirements of the Standard Specifications for Sewer and Water Construction in Wisconsin, Chapter 192, Building Construction, of the City Code, or other applicable rules and regulations of the approving authority. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the approving authority before installation.
H.
Inspection of connection. The applicant for the service lateral permit
shall notify the approving authority when the water lateral is ready
for inspection and connection to the public water system. The connection
shall be made under the supervision of the approving authority.
I.
Barricades; restoration. All excavations for the service lateral
installation shall be adequately guarded with barricades and lights
so as to protect the public from hazard. Streets, sidewalks, parkways,
and other public property disturbed in the course of the work shall
be restored in a manner satisfactory to the approving authority.
J.
Installation of service lateral. All service laterals on private
property will be installed in accordance with Chs. SPS 381 to 387,
Plumbing Code, Wis. Adm. Code, and the Standard Specifications for
Sewer and Water Construction in Wisconsin. The service lateral shall
be inspected upon completion of placement of the pipe and before backfilling;
and tested before or after backfilling.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
K.
Excavations.
(1)
In making excavations in streets or highways for laying service laterals
or making repairs, the paving and earth removed must be deposited
in a manner that will occasion the least inconvenience to the public.
(2)
No person shall leave any such excavation made in any street or highway
open at any time without barricades, and during the night, warning
lights must be maintained at such excavations.
(3)
In refilling the opening, after the service laterals are laid, the
earth must be laid in layers of not more than 12 inches in depth,
and each layer thoroughly compacted to prevent settling. This work,
together with the replacing of sidewalks, gravel and paving must be
done so as to make the street as good as before it was disturbed and
satisfactory to the approving authority.
(4)
The customer shall do all necessary excavating and backfilling between
main and curb in accordance with City specifications. When laid in
a combined sewer and water trench, the water service shall be laid
on a shelf of solid ground above and not nearer than 12 inches to
the sewer.
(5)
No opening of the streets for tapping the pipes will be permitted
when the ground is frozen, except in emergencies.
(6)
A permit from the approving authority shall be obtained prior to
excavating in any street, alley or other public way.
L.
Tapping the service mains.
(1)
No person, except those having special permission from the approving
authority, or persons in their service and approved by them, will
be permitted under any circumstances to tap the service mains. The
kind and size of the connection with the pipe shall be that specified
in the permit, or order from said approving authority.
(2)
Service laterals should be tapped, at a minimum, in accordance with
the Standard Specifications for Sewer and Water Construction in Wisconsin.
M.
Lead or galvanized water service line replacement.
[Added 1-3-2022 by Ord.
No. 21-12]
(1)
Intent and purpose. For purposes of this section, "lead" refers to
lead, galvanized and any material that cannot meet the Wisconsin Department
of Natural Resource (WDNR) requirements for local compliance with
the Lead and Copper Rule. The City Council of the City finds that
it is in the public interest to establish a comprehensive program
for the removal and replacement of both the public-side and the customer-side
lead and galvanized pipe water service lines and, to that end, declares
the purposes of this section to be as follows:
(a)
To ensure that the water quality at every tap of utility customer
meets the water quality standards specified under the federal law;
(b)
To reduce the lead in City drinking water to meet the Environmental
Protection Agency (EPA) standards and ideally to a lead contaminant
level of zero in City drinking water for the health of City residents;
(c)
To eliminate the constriction of water flow caused by mineral
rich groundwater flowing through lead water service pipes and the
consequent buildup of mineral deposits inside lead pipes; and
(d)
To meet the Wisconsin Department of Natural Resource (WDNR)
requirements for local compliance with the Lead and Copper Rule (see
56 CFR 6460, 40 CFR 141.80 through 141.90, and §§ NR
809.541 through 809.55, Wis. Adm. Code).
(2)
Authorization. This section is enacted pursuant to §§ 62.11(5)
and 281.12(5), Wis. Stats.
(3)
Identification of lead service lines.
(a)
Upon notice from Edgerton Utilities, any person or entity who
owns, manages or otherwise exercises control over a property connected
to the Edgerton Utilities water distribution system shall allow Edgerton
Utilities to inspect the customer-side service line to determine the
material of construction as authorized pursuant to Wis. Stats., § 196.171
et seq. "Customer-side water service line" means the water conduit
pipe running from the customer's meter to the curb stop which
is the water utility shutoff valve usually located behind the curb
on public property.
(b)
Right of entry. In accordance with § 366-35A, representatives of the 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 Utility for inspection of service line. If entry is refused, such representatives may disconnect water service in accordance with § 366-37 or shall obtain a special inspection warrant under Wis. Stats., § 66.0119. Upon request, the owner, lessee or occupant of any property so served with a special inspection warrant shall furnish to the inspection agency any pertinent information regarding the piping system on such property.
(c)
Edgerton Utilities shall create and maintain a record of the
location of all identified lead service lines in the City of Edgerton.
(d)
Edgerton Utilities shall provide notice to any person or entity
who owns, manages or otherwise exercises control over a property connected
to the Edgerton Utilities water distribution system that has been
inspected and determined to be constructed of lead.
(4)
Replacement of lead service lines.
(a)
Annually, the Utility shall create a list of all lead or galvanized
customer-side water service lines to be replaced during that calendar
year, and a replacement project timeline. These service lines shall
be selected based on factors to include water main replacement projects,
available funding for public-side water service lines, available grant
funding, and regulatory requirements.
(b)
Where the Water Utility is replacing the lead public-side water
service line and the customer-side water service line is lead or galvanized,
the owner of the customer-side water lateral shall, at the owner's
expense, replace the customer-side lead service. In all cases, the
Utility shall supply an appropriate connection point as part of its
work. The owner of the customer-side lateral may elect to:
[1]
Contract with a licensed contractor to complete the repair. All work needed to accomplish the repair shall be done at the expense of the owner unless financial assistance is provided in accordance with Subsection M(4)(c) below. Within 30 days of the giving of notice of deficiency under Subsection M(3)(d) of this section, proof of arrangements for repair shall be provided to the Utility and within 30 days of the giving of notice the repairs shall be completed.
[2]
Have the Utility's contractors, if available, complete
the repair.
[a]
The Utility may, as part of any project, request
unit bid prices for the calculation of the cost of making appropriate
repair to the customer-side water lateral.
[b]
If available, and should the owner of the customer-side water lateral select this option, the owner will be charged the entire cost of making the repair, unless financial assistance is provided in accordance with Subsection M(4)(c) below. The owner may elect to pay the entire amount upon completion of the work, or the owner may request to be billed through a special assessment, as provided in Chapter 55, Article II, Special Assessments and Charges, of the City Code.
(c)
The Utility may provide financial assistance to the owner of
the property to which water utility service is provided for the purpose
of assisting the owner in replacing customer-side water service lines
containing lead. The financial assistance must satisfy all the following
conditions:
[1]
Any loan provided may not be forgiven by the Utility or the
City;
[2]
Grants not using rate payer funds may be provided;
[3]
The amount of financial assistance must be the same for each
owner in a customer class, regardless of the replacement process,
be it a fixed amount or a percentage of the replacement cost; and
[4]
If grant funding is not available, the financial assistance
program using rate payer funds must not exceed 50% of the cost of
the customer side replacement and must be approved by the Public Service
Commission of Wisconsin.
(5)
Authority to discontinue service. As an alternative to any other methods provided for obtaining compliance with the requirements of this Code regarding replacement of illegal private water laterals, the Utility may, no sooner than 30 days after the giving of notice as provided in Subsection M(3)(d) of this section, discontinue water service to such property served by illegal private water lateral after reasonable notice and an opportunity for hearing before the City Utility Commission under Wis. Stats., Ch. 68.
A.
Mandatory hookup.
(1)
The owner of each parcel of land adjacent to a water service system
on which there exists a building usable for human habitation or in
a block through which such system is extended shall connect to such
system within 60 days of notice in writing from the approving authority.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Upon failure to connecting to the water service system in the time
period specified, the approving authority may cause such connection
to be made and bill the property owner for such costs. If such costs
are not paid within 30 days, such notice shall be assessed as a special
tax lien against the property, all pursuant to § 66.0809, Wis.
Stats.; provided, however, that the owner may within 30 days after
the completion of the work file a written request with the approving
authority stating that he cannot pay such amount in one sum and ask
that there be levied in not to exceed five equal installments, and
that the amount shall be so collected with interest at the rate of
6% per annum from the completion of the work, the unpaid balance being
a special tax lien, all pursuant to § 66.0809, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
In lieu of the above, the approving authority at its option may impose
a penalty for the period that the violation continues, after 10 days'
written notice to any owner failing to make a connection to the water
system of an amount equal to 150% of the average residential charge
for water service payable quarterly for the period in which the failure
to connect continues, and upon failure to make such payment said charge
shall be assessed as a special tax lien against the property, all
pursuant to § 66.0809, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
The approving authority may adopt a resolution requiring the connection
of any property or properties above mentioned or defined with the
adjacent water mains, if said property is in a block through which
said system extends. Notice of the resolution shall be serviced upon
the owner of the property in question or upon the agent having charge
of said property. The notice to be served shall be made and given
by the City Utility Director on behalf of the approving authority.
(5)
All connections made under the provisions of this section and as
required by the approving authority shall be made in accordance with
the ordinances of the City of Edgerton, the laws of the State of Wisconsin,
the Wisconsin State Plumbing Code, Chs. SPS 381 to 387, Wis. Adm.
Code, and the rules and regulations of the State Department of Natural
Resources, insofar as these apply.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(6)
This article ordains that the failure to connect to the water service
system is contrary to the minimum health standards of said approving
authority and fails to assure preservation of public health, comfort,
and safety of said approving authority.
B.
Maintenance of services. The approving authority shall maintain water
service from the street main to the curb stop without direct expense
to the property owner, except when it is damaged as a result of negligence
or carelessness on the part of the property owner, a tenant, or an
agent of the property owner. All water service from the curb stop
box to and throughout the premises must be maintained free of defective
conditions by and at the expense of the owner or occupant of the property.
C.
Application to connect proposed new water service system.
(1)
Any person located within the corporate limits of the approving authority desiring to connect a proposed new water system to the water system shall make a written application to the approving authority for permission to make such connection or use. The application shall include a statement of the location or locations at which it is desired to connect in accordance with § 366-26B.
(2)
The approving authority shall approve an engineering consultant to
design all proposed water systems. All costs and expenses incident
to the design and bidding including engineering, permits and other
fees associated with the connection or hookup to the water system
shall be borne by the developer requesting the extension or by the
approving authority at their discretion. Prior to the design of a
main extension, the developer shall secure and furnish proof of an
escrow account for the estimated amount of the design costs, the amount
to be determined by the approving authority. The account shall be
so arranged and an escrow agreement executed between the developer,
the bank, the approving authority to allow the latter to withdraw
amounts from the account. The account shall be sufficient to cover
payments to all parties under contract with the approving authority
for the design of the water system. This money will not be refunded
if the project does not proceed to construction.
D.
Alterations.
(1)
Alterations to existing water service systems connected shall be
treated as proposed new water service systems. The approving authority
may modify this provision if the water connection is not directly
connected to an approving authority main and providing the person
has previously presented and has had approved a general overall water
service plan. If such a modification is made, it will be done in writing
and must be kept on file by the person to which it applies.
(2)
After water connections have been made in a building or upon any
premises, no plumber shall make any alterations, extensions or attachments
unless the party ordering such work shall exhibit the proper permit.
E.
Refusal to grant service. If the existing water system is inadequate
to provide the required service, due to lack of capacity or pressure
or funding ability or for any other reason, the application may be
rejected.
F.
Service main extensions. Refer to PSCW Order No. 1760-WR-101, Schedule
X-3, Amendment 19, in addition to the requirements in this section.
(1)
General extension rules.
(a)
The Utility may extend water mains for new customers. The size
and location of the main to be installed shall be determined by the
approving authority upon recommendation of the Utility Director and
the City Engineer.
(b)
The cost of an extension, used in computing the assessment (Plan
A) or the contribution (Plans B, C and D) shall be the total cost
of construction, including legal and engineering fees. The cost per
linear foot of main installed shall be computed by dividing the total
cost of construction, as determined above, by the total length of
the extension.
(2)
Applications for extension of mains.
(a)
Written application for main extensions to any property not
fronted by an existing water main shall be filed with the City Administrator
by the owner of the property desiring the extension. The applicant
shall provide the name of the property owner, the legal description
of the property, the street location, and the exact nature of the
water requirements. Signing an application does not constitute a contract
for installation of such extension as requested.
(b)
The approving authority is hereby empowered to withhold consideration
of any application in which full disclosure of information regarding
the purpose of such supply is not clearly and fully set forth by the
applicant.
(c)
The application for extension of mains shall be acted upon by
the approving authority. The approving authority shall determine the
plan under which the requested extension is to be installed.
(d)
If the existing water system is inadequate to provide the requested
service, due to lack of capacity or pressure or funding ability or
for any other reason, the application may be rejected.
(e)
Proper bedding and compaction bedding materials where water
mains are laid is required at all times regardless of soil and weather
conditions. Frozen soil shall not be used as bedding or backfill material.
(3)
Extension plans.
(a)
Plan A. The cost of the extension shall be immediately assessed against the abutting properties, according to the procedure set forth under § 66.0703, Wis. Stats., and Chapter 55, Finance and Taxation, of the City Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(b)
Plan B. Where the approving authority is unwilling to make a
special assessment because of low density of prospective customers
or for some other reason, extensions shall be made on a customer-financed
basis as follows:
[1]
Basis for determining contributions from original customer. The applicant, called the "original customer," shall assume the entire cost of the extensions as defined in § 366-31F(1)(b), unless specific written agreements specify otherwise.
[2]
Additional customers and refunds.
[a]
When additional customers connect to a water main
that was financed by the original customer, the approving authority
may require a contribution from each new customer equal to that which
would have been assessed under Plan A, except as noted in the following
subsections. These contributions shall then be refunded pro rata to
the original customer.
[b]
The cost of the main fronting on property owned
by the original customer at the time of the installation of the extension
shall be considered to be paid for and no contributions for the cost
of the extension shall be required when any connections are made on
this frontage nor will any refunds be made to the original customer
for said connections.
[c]
The development period during which refunds shall
be made shall be limited to 20 years.
[3]
Limit of extension. When an extension beyond an existing extension
is required to serve a new customer, the new extension shall be considered
as an entirely new project.
(d)
Plan D transmission main and connecting loops. Transmission
mains and connecting loops may be laid at Utility expense. When customers
connect to a transmission main or connecting loop laid at Utility
expense, there shall be a contribution of an amount equivalent to
the applicable assessment as determined in Plan A.
(4)
Service main material and construction requirements.
(a)
Service main construction materials. Only those materials listed
below shall be used on Edgerton projects.
[1]
Mains. All mains shall be minimum Class 52 ductile iron water
main pipe with a cement lining and include a factory installed fitting
to allow for a strap or cable to be attached for electrical conductivity.
[2]
Fittings or specials. All elbows, tees, crosses, increasers,
decreases and other specials shall be Class 52 ductile iron cement
lined and so bolted together as to provide electrical conductivity.
(b)
Construction.
[1]
All water mains shall be constructed at a depth as specified
by the City Engineer. Street grades established and approved by the
approving authority shall be adhered to for water main cover.
[2]
All mains should be looped to provide circulation in the distribution
system.
[3]
Mains shall be constructed across the entire frontage of any
parcel that received water service.
[4]
Valves shall be placed on each line coming into an intersection
and also on each side of each hydrant so as to create a service area
of 550 linear feet of street or less. Each valve shall have access
via a water box or manhole.
[5]
Hydrants shall be placed generally at intersections of streets
with spacing not more than 550 feet apart. All hydrants shall have
a valve placed in the hydrant lead.
G.
Permit to connect. Prior to permitting such connection or use, the
approving authority may investigate, or cause to be investigated,
the water system for which such connection or use is requested. If
the approving authority finds such system to be in a satisfactory
condition, it will grant a permit for such connection or use. If the
approving authority finds such system to be defective in operation,
construction, design, or maintenance, the approving authority will
so notify the applicant and will advise him that upon completion of
specified alterations, new construction, or changes in supervision
or operation, a permit will be granted. Should the plans or specifications
not be approved, one copy will be returned to the applicant who will
be informed as to the reason for nonapproval.
H.
Reserve capacity. Prior to permitting any connection or use of the
water system, the approving authority shall ascertain that the water
system has sufficient reserve capacity and pressure to assure adequate
distribution of additional water. The approving authority reserves
the right to refuse a connection or use permit if the requirements
for this subsection cannot be met with the granting of the permit.
I.
Inspections and supervision during construction. During the construction
of any water service system which the approving authority has approved,
the approving authority may, from time to time, inspect the same to
see that said work is being done in accordance with the approved plans
and specifications. Failure to make such inspections shall not nullify
the rights of the approving authority to require reconstruction should
nonadherence to approved plans be subsequently discovered. Every person
in the construction of service laterals or water service systems,
within its jurisdiction, shall require that such construction be under
the direction of a Wisconsin registered professional engineer or licensed
master plumber, if plan approval was obtained under his license. The
Engineer or Master Plumber shall keep accurate records of the location,
depth, and length of the service main as built, and of the location
of the service lateral connections.
J.
Physical connection. At least 24 hours before connection is to be
made, notice of such intent must be given to the approving authority.
When the actual connection is made, it must be done in the presence
of the City Building Inspector or duly authorized representative.
K.
Records. Records of connections to the water service system shall be kept by the municipality in which such connections are made and such records shall be available for inspection by the approving authority. Refer to § 366-42.
L.
Customer use only. No customer shall allow others or other services
to connect to the water service system through his service lateral.
M.
Customer to permit inspection. Every customer shall permit the approving
authority, or its duly authorized agent, at all reasonable hours of
the day, to enter their premises or building to examine the pipes,
valves and fixtures, and they must at all times, frankly and without
concealment, answer all questions put to them relative to its use.
N.
Approving authority responsibility. The approving authority and its
agents and employees shall not be liable for damages occasioned by
reason of the breaking, clogging, stoppage, or freezing of any service
laterals, nor from any damage arising from repairing mains, making
connections or extensions or any other work that may be deemed necessary.
The right is hereby reserved to cut off the water and sewer service
at any time for the purpose of repairs, or any other necessary purpose,
and permit granted or regulation to the contrary not withstanding.
Whenever it shall become necessary to shut off the service supply
within any district of the said approving authority, the approving
authority shall, if practicable, give notice to each and every consumer
affected within said approving authority of the time when such service
will be so shut off.
O.
Customer to keep in repair. All customers shall keep their own service
lateral and curb stop boxes in good repair and protected from frost,
at their own risk and expense, and shall prevent any unnecessary damage
to the water service system.
P.
Claims for damages. No person shall enter a claim for damage against
the City of Edgerton as a water utility, or any officer thereof, for
damage to any pipe, fixture, or appurtenance by reason of interrupted
nature caused by the turning off, or turning on, either wholly or
partially, of the water supply for the extension, alteration, or repair
of any water main or premises' supply, or for the discontinuance of
the premises' water supply for the violation of any rules or regulations
of the Water Utility. No claim shall be allowed against the City because
of interruption to the water supply caused by the breaking of pipes
or machinery, by stoppage for repairs, or by fire or other emergency,
and no claims shall be allowed for any damage caused by the breakage
of any pipe or machinery.
A.
Refer to PSCW Order No. 1760-WR-101, Schedule X-1.4, Amendment 19.
B.
The property owner shall maintain the service pipe from the curb
stop to the point of use and may be billed for any water which has
not passed through the meter and has been wasted by leakage or defective
pipes and fixtures, as estimate by the approving authority.
C.
Repairs to mains. Refer to PSCW Order No. 1760-WR-101, Schedule X-1.11,
Amendment 19.
D.
Repairs to meters. Refer to PSCW Order No. 1760-WR-101, Schedule
X-1.15, Amendment 19.
E.
Thawing frozen services.
(1)
Frozen services shall be thawed out by and at the expense of the
Utility except where the freezing is caused by contributory fault
or negligence on the part of the customer, such as reduction of the
grade or undue exposure of the piping in the building or on customer's
property, or failure to comply with the Utility's specifications and
requirements as to depth of service, lack of sufficient backfill,
etc.
(2)
Following the freezing of a service, the Utility shall take such
steps and issue such instructions as may be necessary to prevent the
refreezing of the same service. No charge shall be made for rethawing
if the instructions are followed. In case it is necessary to allow
the water to flow to prevent refreezing, the customer must make provisions
for proper disposal of the wastewater.
(3)
For the period in which the water is allowed to run, the customer
may be billed according to his meter readings, but in no event to
exceed the average amount paid in the corresponding billing periods
of the previous two years. A new customer shall be charged the average
bill for other customers of the same class receiving service under
comparable conditions. Also see Wis. Adm. Code, Ch. PSC 185.
A.
Willful, negligent or malicious damage. No unauthorized person shall
maliciously, willfully or negligently break, damage, destroy, uncover,
deface or tamper with any structure, appurtenance, or equipment which
is a part of the water service system. Any persons violating this
section shall be subject to immediate arrest under a charge of disorderly
conduct.
B.
Liability to discharger for losses. Any person who intentionally, negligently, or accidentally violates any provisions of this article shall become liable to the approving authority or any other customer, for any expense, loss or damage occasioned by reason of such violation which the approving authority or any downstream user may suffer as a result thereof. This section shall be applicable, whether or not a written notice of the violation was given as provided in § 366-33A and without consideration for any penalties which may be imposed for a violation of this article.
C.
Damaging service main prohibited.
(1)
No unauthorized person shall alter, disturb or uncover any connection
with service mains or appurtenance thereof without first obtaining
written permission from the operator.
(2)
No person shall willfully or maliciously obstruct, damage, or tamper
with any private service lateral, or any structure, appurtenance or
equipment which is part of the service main or any part of the water
service system. Any person who violates this section shall be guilty
of disorderly conduct.
D.
Damage in vacant premises. Customers shall be liable to prosecution
for any damage to property of Utility for reason of failure to notify
the Utility of vacancy of premises in accordance with PSCW Order No.
1760-WR-101, Schedule X-1.11, Amendment 19.
A.
Written notice of violation. Any person found to be violating any provision of this article shall be served by the approving authority with a written notice stating the nature of the violation and providing a reasonable time for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. For penalties and violations related to late billing payments and notices for discontinuance of service related to failure to pay water bills refer to §§ 366-36 to 366-38 of this article.
B.
Accidental discharge. Any person found to be responsible for accidentally
allowing a deleterious discharge into the water service system which
causes damage to the system and/or causes deleterious effects on customers
of the system, shall pay in addition to a fine, the amount to cover
damage, both values to be established by the approving authority.
Any accidental wastewater discharges into the water service system
shall be reported immediately upon discharge. The approving authority
shall address any potential fines within 15 days after the end of
the month in which the violation is reported or detected, whichever
is later.
C.
Accidental discharge penalties. The City may levy a minimum fine
of $500 for an accidental discharge that is reported immediately or
a minimum fine of $1,500 for an unreported accidental discharge.
D.
Continued violations. Any person, partnership or corporation, or
any officer, agent or employee thereof, who shall continue any violation
beyond the aforesaid notice time limit provided shall, upon conviction
thereof, pay a forfeiture of not less than $10 nor more than $2,500
together with the costs of prosecution. In default of payment of such
forfeiture and costs, said violator shall be imprisoned in the County
Jail until such forfeiture and costs are paid, but not exceeding 90
days.
E.
Liability to approving authority for losses. Any person violating
any provision of this article shall become liable to the approving
authority for any expense, loss, or damage occasioned by reason of
such violation which the approving authority may suffer as a result
thereof.
F.
Civil penalties. Any customer who is found to have violated an order
of the Board or who has failed to comply with any provisions of this
article and the orders, rules, regulations and permits issued hereunder,
shall be fined not less than $50 nor more than $2,000 for each offense.
In addition to the penalties provided herein, the City may recover
reasonable attorneys' fees, court costs, court reporter's fees and
other expenses of litigation by an appropriate action against the
person found to have violated this article or the order, rules, regulations
and permits issued hereunder.
G.
Other penalties. Any violation of this chapter for which a specific penalty is not provided shall be subject to the penalties in § 1-6.
H.
Differences of opinion. An attorney selected by the approving authority
shall arbitrate differences between the approving authority and customers
on matters concerning interpretation and execution of the provisions
of this article by the approving authority.
I.
Costs of damage.
(1)
Any customer violating any of the provisions of this article or who
has a discharge which causes a deposit, obstruction, damage or other
impairment to the City's water service system shall become liable
to the City for any expense, loss or damage caused by the violation
or discharge. The Utility Director may add to the customer's charges
and fees the costs assessed for any cleaning, repair, or replacement
work caused by the violation or discharge. Any refusal to pay the
assessed costs shall constitute a violation of this article.
(2)
Any customer discharging toxic materials or pollutants shall pay
for any increased operation, maintenance, and replacement costs caused
by said discharge, in addition to any other charge or penalties provided
herein.
J.
Falsifying information. Any person who knowingly makes any false
statements, representation or certification in any application, record,
report, plan or other document filed or required to be maintained
pursuant to this article or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device, meter, or method required
under this article, shall, upon conviction, be punished by a fine
of not more than $500 or by imprisonment for not more than six months,
or by both.
K.
Enforcement.
(1)
Accidental discharges. The Utility Director may discontinue the water
service of a customer when such suspension is necessary, in the opinion
of the Utility Director, to stop an actual or threatened discharge
which represents or may present an imminent or substantial danger
to the health or welfare of persons, to the environment, or to the
water service system. In the event of a failure of the customer to
comply voluntarily with the suspension order, the Utility Director
shall take such steps as deemed necessary, including immediate severance
of the service lateral connection, to prevent or minimize damage to
the water service system or danger to any individuals. The Utility
Director shall reinstate service upon proof of the elimination of
the source of the supply water contamination. A detailed written statement
submitted by the customer describing the causes of the accidental
discharge and the measures taken to prevent any future occurrence
shall be submitted to the Utility Director within 15 days of the date
of occurrence.
(2)
Notification of violation. Whenever the operator finds that any person
has violated or is violating this article, or any prohibition, limitation
or requirement contained herein, the operator may serve upon such
person a written notice stating the nature of the violation. Within
30 days of the date of the notice, unless a shorter time frame is
necessary due to the nature of the violation, a plan for the satisfactory
correction thereof shall be submitted to the City or by the customer.
(3)
Show cause hearing.
(a)
If the violation is not corrected by timely compliance, the
Utility Director may order any user which causes or allows an unauthorized
discharge to show cause before the City Water Utility Commission why
the proposed enforcement action should not be taken. A notice shall
be served on the customer specifying the time and place of a hearing
to be held by the City Water Utility Commission regarding the violation,
the reason why the action is to be taken, the proposed enforcement
action, and directing the customer to show cause before the City Water
Utility Commission why the proposed enforcement action should not
be taken. The notice of the hearing shall be served personally or
by registered or certified mail (return receipt requested) at least
10 days before the hearing. Service may be made on any agent or officer
of a corporation.
(b)
Hearing officials. The City Water Utility Commission may itself
conduct the hearing and take the evidence or may designate any of
its members or any officer or employee of the (assigned department)
to:
[1]
Issue in the name of the City Water Utility Commission notices
of hearings requesting the attendance and testimony of witnesses and
the protection of evidence relevant to any matter involved in such
hearings;
[2]
Take the evidence; and
[3]
Transmit a report of the evidence and hearing, including transcripts
and other evidence for action therein.
(c)
Transcripts. At any hearing held pursuant to this article, testimony
taken must be under oath and recorded stenographically. The transcript,
so recorded, will be made available to any member of the public or
any party to the hearing upon payment of the usual charges therefore.
(d)
Issuance of orders. After the City Water Utility Commission
has reviewed the evidence, it may issue an order to the user responsible
for the violation directing that, following a specified time period,
the water service be discontinued unless adequate devices or other
related appurtenances shall have been installed or existing devices
or other related appurtenances are properly operated. Further orders
and directives as are necessary and appropriate may be issued.
(4)
Legal
action. If any person discharges substances into the City's water
service system contrary to the provisions of this article, federal
or state requirements or any order of the City, the City Attorney
may, following City authorization of such action, commence an action
for appropriate legal and/or equitable relief.
(5)
Annual publication. A list of the customers violating applicable
requirements during the 12 previous months shall be annually published
by the City Water Utility in a local newspaper. The notification shall
also summarize any enforcement actions taken against the customer(s)
during the same 12 months.
(6)
Appeal to the City Utility Commission. Any interested party shall
have the right to request in writing an interpretation or ruling on
any matter covered by this article and shall be entitled to a written
reply from the City. Any decision of the operator in the enforcement
of this article may be appealed to the City Utility Commission by
filing a written petition with the City Clerk within 30 days of the
operator's ruling. Said petition shall specify in detail the matter
or matters involved and every ground or basis on which objections
are made. Said petition shall show the name, addresses and telephone
numbers of all objectors and their attorney at law or spokesman. The
filing of a petition in accordance with the requirements herein shall
stay all proceedings unless the operator shall file within 72 hours
after the filing of a petition a certificate stating that a stay would
cause peril to life or property or specifying other good reason. The
City Utility Commission shall fix a reasonable time for hearing of
the petition or appeal and give due notice of the time and place of
said hearing to parties named in the petition as attorney or spokesperson.
The hearing shall be open to the public. Petitioners shall be given
full opportunity to present evidence in support of their petition
after which the Utility Director may present evidence in support of
his decision. The City Utility Commission shall decide the appeal
within a reasonable time and notify the attorney or spokesperson.
The minutes of the City Utility Commission shall constitute the official
record of the petition, hearing, and decision. Any party desiring
a transcript of the proceedings shall furnish a qualified court reporter
at their own expense.
A.
Right of entry. The approving authority, Utility Director, Engineer,
Plumbing Inspector or other duly authorized representative of the
approving authority bearing proper credentials and identification
shall be permitted to enter all properties for the purpose of inspection,
observation, testing, all in accordance with the provisions of this
article and § 196.171, Wis. Stats., and PSCW Order No. 1760-WR-101,
Schedule X-1.11, Amendment 19. The approving authority, City Engineer,
Plumbing Inspector, or other duly authorized representative of the
approving authority shall have no authority to inquire into any process
beyond that point having a direct bearing on the use of the water
service system or on the property of the Utility.
B.
Approving authority. The approving authority, Utility Director, or
duly authorized employees, are authorized to obtain information concerning
industrial processes which have a direct bearing on potential discharges
to the water service system. If the industry establishes that the
revelation to the public of the information in question might result
in an advantage to competitors, the approving authority may place
certain conditions on approval.
C.
Safety. While performing the necessary work on private premises referred to in § 366-35A the duly authorized representatives shall observe all safety rules applicable to the premises established by the owner or occupant and the approving authority shall indemnify the owner against loss or damage to its property by approving authority representatives and against the liability claims and demands for personal injury or property damage asserted against the owner and growing out of gauging and sampling operation of the approving authority representatives, and indemnify the owner against loss, or damage to its property by approving authority representatives, except as such may be caused by negligence or failure of the owner to maintain safe conditions. The approving authority shall report to the owner or occupant any unsafe conditions.
D.
Identification, right to enter easements. The approving authority,
City Engineer, Utility Director and other duly authorized representatives
of the approving authority bearing proper credentials and identification
shall be permitted to enter all private properties through which the
approving authority holds a duly negotiated easement for the purpose
of, but not limited to, inspection, observation, measurement, sampling,
repair, and maintenance of any portion of the water system lying within
said easement, all subject to the terms, if any, of the agreement.
A.
Meter readings and billing period. Readings of all meters used for
determining charges to customers shall be taken by the Utility quarterly
or for such other period or in such other manner as may be authorized
by the Commission. An effort shall be made to read meters on corresponding
days of each meter-reading period. The meter reading date may be advanced
or postponed not more than 10 days without adjustment of the billing
period. Bills for service shall be rendered within 50 days from the
reading of the meter except as may be otherwise specifically authorized
by the Commission.
B.
Failure to read meter. Refer to PSCW Order No. 1760-WR-101, Schedule
X-1.6 and X-1.7, Amendment 19.
C.
Billing. The property owner is held responsible for all bills on
premises that he owns. All bills and notices of any nature, relative
to the water service, will be addressed to the owner and/or occupant
and delivered to the addressee by first-class mail.
(1)
Each bill, including the customer's receipt, shall show the present
and last preceding meter readings, the date of the present reading,
the number of units consumed, the class of service if other than residential,
and the rate schedule under which the bill is computed. In lieu of
including the rate schedule on the bill the Utility may, whenever
a rate change becomes effective and at least twice a year, supply
each customer with the schedule of rates at which the bills are computed
and any other rates that might be applicable. Bills rendered at rates
requiring the measurement of a number of different factors shall show
all data necessary for the customer to check the computation of the
bill. Minimum and established bills shall be distinctly marked as
such.
(2)
If the Utility is authorized to make late payment charges, such charges
shall comply with the following requirements:
(a)
The bill shall clearly indicate the amount of the late payment
charge and the date after which the late payment charge shall be applied.
(b)
Late payment charges shall be applied no sooner than 20 days
after the date of issuance of the bill.
(c)
The amount of the late payment charge shall be 3% of the bill,
except a minimum charge of $0.30 shall apply.
(d)
Late payment charges shall be applied to all customer classes
and rate classifications.
(e)
The Utility shall not waive any properly applied late payment
charges.
(f)
A late payment charge shall be applied only once to any given
amount outstanding.
(3)
If the Utility reads the meters at the end of each billing period,
the Utility may leave the meter reading forms when access to meters
cannot be gained. If requested by the customer, the Utility shall
provide such forms. If no form is left or the form is not returned
in time for the billing operation, a minimum or estimated bill may
be rendered. In cases of emergency, the Utility may render minimum
or estimate (average) bills without reading meters or supplying meter
reading forms to customers. Only in unusual cases or when approval
is obtained from the customer, shall more than two consecutive estimated
bills be rendered where the billing period is quarterly.
(4)
If an estimated bill appears to be abnormal when a subsequent reading
is obtained, the bill for the entire period shall be computed at a
rate which contemplates the use of service during the entire period
and the estimated bill shall be deducted. If there is reasonable evidence
that the use occurred during only one billing period, the bill shall
be so computed.
(a)
Credits due a customer because of meter inaccuracies, or error
in billing, shall be separated from the regular bill and the charges
explained in detail. Subsequent to the first billing, the amount may
be shown as a separate item on the regular bills.
(b)
The original billing rendered because of meter inaccuracy, or
error in billing, shall be separated from the regular bill and the
charges explained in detail. Subsequent to the first billing, the
amount may be shown as a separate item on the regular bills.
(5)
Where a customer's premises has several buildings, each supplied
with service and metered separately, the full service charge shall
be billed for each meter separately, the readings shall not be cumulated.
If these buildings are all used in the same business and are connected
by the customer, they may be metered in one place. If the Utility,
for its own convenience, installs more than one meter, the meters
shall be cumulated for billing.
D.
Adjustments of bills.
(1)
Whenever a positive displacement meter is found upon test to have
an average percent registration of more than 102 and whenever a compound
or current type meter is found upon test to have an average percent
registration of more than 103, a recalculation of bills for service
shall be made for the period of inaccuracy assuming an inaccuracy
equals to the average percent error in excess of 100.
(2)
For the purposes of this article, the "average percent registration"
shall be the average percent registration for those normal test points
which are within the normal test flow limits of the meter, except
that the test point within the change over range for compound meters
shall be ignored. (For positive displacement meters, the light flow
test point would not be considered.)
(3)
If the period of inaccuracy cannot be determined, it shall be assumed
that the full amount of inaccuracy existed during the last half of
the period since the meter was installed or last tested; however,
the period of accuracy shall not exceed half the required test period.
(4)
If the recalculated bills indicate that more than $5 is due an existing
customer or $10 is due a person no longer a customer of the Utility,
the full amount of the calculated difference between the amount paid
and the recalculated amount shall be refunded to the customer. The
refund to an existing customer may be in cash or as credit on a bill.
If a refund is due a person no longer a customer of the Utility, a
notice shall be mailed to the last known address and the Utility shall
upon request made within six months refund the amount due. The $5
and $10 thresholds apply to the total utility balance due inclusive
of sewer utility charges.
(5)
Where a meter in service is found not to register or is found to
have an average percent registration of less than 97, the Utility
may bill the customer for the amount the test indicated has been undercharged
for the period of inaccuracy, which period shall not exceed the last
six months the meter was in service unless otherwise authorized by
the Commission after investigation. This limitation does not apply
in the case of wholesale customers. No back bill will be sanctioned
if the customer has called to the Utility's attention his doubts as
to the meter's accuracy and the Utility has failed within a reasonable
time to check it.[1]
[1]
Editor's Note: Original Subsection (4)(f), which immediately
followed this subsection, was repealed by Ord. No. 17-07.
(6)
Where, because of some deficiency in the Utility's portion of the
facilities and at the request of the Utility, a customer permits a
stream of water and flow to prevent freezing of the service or main,
the Utility shall adjust his bill for the excess consumption which
results.
(7)
A classified record shall be kept of the number of refunds and charges
made because of inaccurate meters, misapplication of rates and erroneous
billing. A summary of the record for the previous calendar year shall,
upon request, be submitted to the Commission by April 1.
(8)
Compliant tests. The Utility shall make an accuracy test without
charge of any metering installation upon request of the customer if
24 months or more have elapsed since the last compliant test of the
meter in the same location and for a charge of $2 per inch of nominal
size or fraction thereof, payable in advance, if less than 24 months
have elapsed.
(9)
Swimming
pool fills. Where a customer contacts the Utility to provide the water
meter reading prior to, and after, filling a swimming pool, the Utility
may provide a sewer credit for the quantity of water used to fill
the pool. Failure to notify the Utility prior to commencing the pool
filling may result in a denial of the credit. No more than one swimming
pool fill credit shall be given in any calendar year. Pools less than
1,000 gallons are not eligible for a pool fill credit.
[Added 2-7-2022 by Ord.
No. 22-01]
E.
Policy for leakage adjustments to water and sewer customers. Water
leakage adjustments may be given only when a leak occurs which is
unknown to a customer. Consumption must be at least 50,000 gallons
above the requesting customer's average usage for the most recent
four quarters for commercial, industrial and public authority consumers
and 20,000 gallons above the requesting customer's average usage for
the most recent four quarters for residential consumers. An application
can be filed for a water leakage credit and/or a sanitary sewer credit.
No such adjustments shall be made for water supplied after the customer
has been notified and has had an opportunity to correct the condition.
(1)
Water leakage credits.
(a)
Application.
[Amended 2-7-2022 by Ord.
No. 22-01]
[1]
A customer of the Edgerton Municipal Water Utility may apply
for a credit for water loss to offset a charge imposed in any one
billing period. To apply for a credit the customer shall:
[a]
Submit a written request for the credit to the
Water Utility at City Hall within 30 days of the charge for which
a credit is desired.
[b]
For leak credit requests that are more than 50,000
gallons over the average usage, attach to the request a signed statement
from a certified technician/contractor or licensed plumber containing
the following information:
[i]
The location of the leak, to include a statement
the leak occurred on the customer's property.
[ii]
The probable cause of the leak, to include whether
the leak occurred because of the customer's act or negligence.
[iii]
Identification of the licensed plumber or certified
technician/contractor, to include name, address, telephone number
and their Wisconsin Trades Credential license number.
[c]
For leak credit requests that are more than 20,000
gallons but less than 50,000 over the average usage, attach an executed
leak credit affidavit.
(2)
Sanitary sewer credits.
(a)
If the water that was lost passed through the sanitary sewer
system, the customer may request a sewer charge credit to offset a
charge imposed in any one billing period. An application for the credit
shall include a statement from a licensed plumber that all of the
water from the leak was metered for discharge to the sanitary sewer
system. Water from a leak that is metered for discharge into a storm
sewer is not eligible for this credit.
(b)
If the request is complete and accurate, the amount of the possible
credit will be computed by multiplying the number of gallons of water
loss by 75% of the rate per gallon charged for discharge into the
sanitary sewer.
(3)
Review by the Utility Commission.
(a)
The Utility Commission may approve, partially approve or deny any credit request. If approved, the credits computed in § 366-36E(1) and (2) will be deducted from the amount of the bill for the next billing period.
(b)
Only one credit may be allowed in 12 quarterly billing periods
(three years).
(c)
Notwithstanding any other provision in this section, no credit
shall be allowed for water loss caused by an act or negligence of
the customer claiming the credit.
(d)
All customers or their representatives requesting credits will
be required to be present at the next regularly scheduled Utility
Commission meeting and will be advised of the status of their request.
(4)
Other costs. Cost incurred by the customer to comply with this section,
to include, but not be limited to, inspection, evaluation, estimates,
repairs, plumbing services, and plumber's statements, will not be
paid in any part by the City of Edgerton, its utilities or any of
its agencies or subunits, but remain the responsibility of the customer.
F.
Payment. User charges shall be payable at the City Hall or at any
other officially designated location at the same time that the water
statements become due, and payments for water service shall not be
accepted without full payment of the customer charges.
G.
Penalties. Charges levied in accordance with this section shall be
a debt due to the approving authority. If the debt is not paid within
20 days after it is due and payable, it shall be deemed delinquent.
There shall be an added penalty of 3% of the amount of the quarterly
bill and of the unpaid balance applied quarterly. Charges and penalties
shall constitute a lien under the property services, and be recorded
on the tax roll of the City of Edgerton. Change of ownership or occupancy
of premises found delinquent shall not be cause for reducing or eliminating
these penalties.
H.
Notification. Each user shall be notified at least annually, in conjunction
with a regular bill, of the rate schedule attributable to water services
including an explanation of the charges.
I.
Failure to receive bill; no penalty exemption. Every reasonable care
will be exercised in the proper delivery of bills. Failure to receive
a bill, however, shall not relieve any person of the responsibility
for payment of user charges within the prescribed period, nor exempt
any person from any penalty imposed for delinquency in the payment
thereof.
J.
Delinquent bills. The approving authority shall furnish the City
Clerk with a list of all such lots or parcels of real estate, and
the notice shall be given by the approving authority. Such notice
shall be in writing and shall state the amount of such arrears, including
any penalty assessed pursuant to the rules of such approving authority,
that unless the same is paid by November 15, the same will be levied
as a tax against the lot or parcel of real estate to which service
was furnished and for which payment is delinquent as above-specified.
Such notice may be served by delivery to either such owner or occupant
personally, or by letter addressed to such owner or occupant at the
post office address of such lot or parcel of real estate. Each such
delinquent amount, including such penalty, shall thereupon become
a lien upon the lot or parcel of real estate to which the service
was furnished and payment for which is delinquent. A lien shall be
inserted in the City tax roll as provided in § 66.0821(4)(c),
Wis. Stats., in the same manner as water rates are taxed and collected
under the provisions of § 62.69(2)(f), Wis. Stats. All proceedings
in relation to the collection of general property taxes and to the
return and sale of property for delinquent taxes shall apply to said
tax if the same is not paid within the time required by law for payment
of taxes upon real estate.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
K.
Uncollectible accounts. The Utility shall make every reasonable effort to collect amounts due. If the Utility has exhausted all reasonable methods to collect payment from a customer and the amount due may not be levied as a tax against the lot or parcel of real estate as stated in § 366-36J, the account may be written off as uncollectable upon approval of the Utility Commission. Uncollectible account balances less than $10 may be written off upon approval of the Utility Director after all reasonable methods to collect payment have been exhausted. The $10 threshold applies to the total utility balance due inclusive of sewer utility charges.
[Amended by Ord. No. 17-07]
A.
Under no circumstances shall the cumulative time before notice of
disconnection be less than 20 days after the date of issuance of the
bill, and an account may be deemed delinquent for the purpose of disconnection
after such period has elapsed.
(1)
At least 10 calendar days prior to disconnection, the Utility shall
give written disconnect notice upon a form which must be in the tariff
of the Department filed with the Public Service Commission and which
conforms to the requirements of Wis. Adm. Code, § PSC 185.37(9),
unless excepted elsewhere.
(2)
When a customer, either directly or through the Public Service Commission,
disputes a disconnection notice, the Utility shall investigate any
disputed issue and shall attempt to resolve that issue by negotiation.
During this investigation and negotiation, the Utility service shall
not be disconnected over this matter.
(3)
If a disputed issue cannot be resolved pursuant to Wis. Adm. Code,
§ PSC 185.39(1), the Utility shall inform the customer of
the right to contact the Public Service Commission.
B.
Utility 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 § 366-37L).
(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.
(4)
Division of service around the meter.
C.
The Utility may disconnect utility service without notice where a
dangerous condition exists for as long as the condition exists.
D.
Service may be discontinued following a written twenty-four-hour
notice for nonpayment of a bill covering surreptitious use of water
if so provided in the filed tariff of the Utility.
E.
Utility service may not be disconnected or refused for any of the
following reasons:
(1)
Nonpayment of a delinquent account over six months old where collection
efforts have not been made within that period of time unless the passage
of additional time results from other provisions herein or from good
faith negotiations or arrangements made with the customers.
(2)
Delinquency in payment for service by a previous occupant of the
premises to be serviced other than a member of the same household
residing at the same premises.
(3)
Failure to pay for merchandise or charges for nonutility service
billed by the Utility.
(4)
Failure to pay for a different type or class of utility thereof.
(5)
Failure to pay the account of another customer as guarantor thereof.
(6)
Failure to pay charges arising from any under billing occurring more
than one year prior to the current billing and due to any misapplication
of rates.
(7)
Failure to pay charges arising from any under billing occurring more
than one year prior to the current billing and due to faulty metering.
(8)
Failure to pay an estimated bill other than a bill rendered pursuant
to an approved meter reading plan unless the customer upon request
refuses to permit the reading of the meter during the normal business
hours.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
F.
The Utility shall not disconnect any residential service without
notifying the Rock County Department of Health and Social Services
at least five calendar days prior to the scheduled disconnection,
if the customer or responsible person has made a written request for
this procedure to the Utility. The customer shall be apprised of this
right upon application for service.
G.
Notwithstanding any other provision of this section, the Utility may not disconnect service to a residential customer if disconnection will aggravate an existent medical emergency of the customer, a member of his family or other permanent resident of the premises where service is rendered and if the customer conforms to the procedures described in § 366-37G(1).
(1)
The Utility shall postpone the disconnecting of service for 21 days
to enable the customer to arrange for payment, if the customer produces
a licensed Wisconsin physician's statement or notice from a public
health or social service official which identifies the medical emergency
and specifies the period of time during which disconnection will aggravate
the circumstances. The postponement may be extended once by renewal
of the certificate or notice. No further extension of time shall be
granted except upon a showing by the customer of the existence of
extraordinary circumstances and further that he has exercised due
diligence in meeting the emergency as evidenced in part by close and
continuous communication with the Utility.
(2)
During the period service is continued under the provisions of this
subsection, the customer shall be responsible for the cost of residential
utility service. However, no action to disconnect that service will
be undertaken until expiration of the period of continued service.
(3)
If there is a dispute concerning an alleged existent medical emergency, either party shall have the right to an informal review by the Public Service Commission staff. Pending a decision after informal review, residential utility service shall be continued, provided that the resident has submitted a statement or notice as set forth in § 366-37G(1).
H.
The Utility shall not disconnect service unless written notice by
first-class mail is sent to the customer or personally served at least
10 calendar days prior to the first date of the proposed disconnection.
Notice shall be sent to the account name and address, and to the address
where service is provided, if different. If disconnection is not accomplished
on or before the 20th day after the first notice date, a subsequent
notice must be left on the premises not less than 24 hours nor more
than 48 hours prior to the disconnection.
I.
The Utility shall make a reasonable effort to have a personal or
telephone contact with the customer prior to disconnection.
J.
Disconnection notice shall be given upon a form approved by the Commission,
and shall contain the following information:
(1)
The name and address of the customer and the address of the service,
if different.
(2)
A statement of the reason(s) for the proposed disconnection of service
and that disconnecting will occur if the account is not paid, or if
arrangement is not made to pay the account under deferred payment
agreement, or if other suitable arrangements are not made, or if equipment
changes are not made. If disconnection of service is to be made for
default on a deferred payment agreement, the notice shall include
an explanation of the acts of the customer which are considered to
constitute default.
(3)
A statement that the customer should communicate immediately upon
receipt of the notice with the Utility's designated office, listing
a telephone number, if he disputes the notice of delinquent account,
if he wishes to negotiate a deferred payment agreement as an alternative
to disconnection, if any resident is seriously ill, or if there are
other extenuating circumstances.
(4)
A statement that residential Utility service will be continued for up to 21 days during serious illness if the account holder submits a statement or notice pursuant to Subsection G(1).
(5)
A statement that the customer may appeal to the Public Service Commission
staff in the event that the grounds for the proposed disconnection
or the amount of any disagreement remains in dispute after the customer
has pursued the available remedies with the Utility.
K.
Service shall not be disconnected on a day, or on a day immediately preceding a day, when the business offices of the Utility are not available to the public for the purpose of transacting all business matters unless the Utility provides personnel which are readily available to the consumer 24 hours per day to evaluate, negotiate or otherwise consider the customer's objection to the disconnection as provided under § 366-37E and G, and proper service personnel are readily available to restore service 24 hours per day.
L.
Deferred payment agreement. The Utility is required to offer deferred
payment agreements only to residential accounts.
(1)
Every deferred payment arrangement entered into due to the customer's
inability to pay the outstanding bill in full shall provide that service
shall not be discontinued if the customer pays a reasonable amount
of the outstanding bill and agrees to pay a reasonable portion of
the remaining outstanding balance in installments until the bill is
paid.
(2)
For purposes of determining reasonableness under this section, the
parties shall consider the:
(3)
A deferred payment agreement shall not include a finance charge.
(4)
If an applicant for Utility service has not fulfilled terms of a deferred payment agreement, the Utility shall have the right to disconnect pursuant to disconnection of service rules (§ 366-37) 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 a customer in compliance with a deferred payment
agreement or otherwise shall first be considered made in payment of
the previous account balance with any remainder credited to the current
bill.
[Amended by Ord. No. 15-05]
A.
Whenever the customer disputes the Utility's request for a deposit
or other guarantee or advises the Utility's designated office prior
to the disconnection of service that all or any part of any billing
as rendered is in dispute, or that any matter related to the disconnection
or refusal of service is in dispute, the Utility shall:
B.
After the customer has pursued the available remedies with the Utility,
he may request that the Public Service Commission staff informally
review the dispute issue and recommend terms of settlement.
(1)
A request for informal review may be made in any reasonable manner,
such as by written notice or telephoned request directed to the Public
Service Commission.
(2)
There must be at least five days between the date the Commission
staff mails written notice of terms of settlement after informal review,
and any subsequent disconnection.
C.
Any party to the dispute after informal review may make a written
request for a formal review by the Commission. Such request must be
made within five days of the date the Commission Staff mails written
notice of terms of settlement after informal review.
(1)
Within 10 days from the time such a request is made, the Commission
shall decide on the basis of the information it has received from
the staff whether to hold a hearing on the matter and shall inform
both parties of its decision.
(2)
If the Commission decides to conduct a formal hearing on the dispute,
the customer shall be required to pay 50% of the bill or deposit in
dispute to the Utility or post bond for that amount on or before date
of hearing. Such payment or bond may be waived by the Commission for
good cause shown. Failure to pay the specified amount before hearing
will constitute waiver by the customer.
(3)
Such a hearing shall conform to the procedures described in §§ 196.26
to 196.34, Wis. Stats.
(4)
Any such hearing shall be held not less than 10 days following a
notice of hearing and a decision thereon shall be rendered following
the conclusion of the hearing.
D.
Utility service shall not be disconnected or refused because of any
disputed matter while the disputed matter is being pursued in accordance
with the provisions of this section. In no way does this relieve the
customer from obligation of paying charges which are not in dispute.
A.
Disposition of revenue. The amounts received from collection of the
charges shall be credited to a water account which shows all receipts
and expenditures of the water service system. When appropriated by
the approving authority, the credits to the account shall be available
for payment for operations, maintenance, repairs and depreciation
of the water service system. Any surplus in the account shall be available
for payment of principal and interest of bonds or notes issued and
outstanding or which may be issued to provide funds for the water
service system or parts thereof, and all or part of the expenses for
additions, improvements and other necessary disbursements or indebtedness.
B.
Replacement fund. Annual income from the customer charges which constitute
funds required for "Replacement" shall be separately accounted for
and shall not be utilized for any purpose other than replacement.
C.
Funds for public and private fire protection. Annual income from
the customer charges which constitute funds required for "Public and
Private Fire Protection" shall be separately accounted for and shall
not be utilized for any purpose. Refer to PSCW Order No. 1760-WR-101,
Schedules F-1 and Upf-1, Amendment 19, for coverage conditions.
A.
Customers served by water utility water meters.
(1)
For each parcel of land, building or premises having a connection
with the water service system and being served with water solely by
the water utility, the quantity of water for billing purposes shall
be measured by the water utility water meter used upon the premises.
B.
Customers served by private wells. Customers served by private wells shall be required to connect to the system if located within the City boundaries in accordance with § 366-31.
C.
Outside service. All existing customers located outside of the corporate
limits will be charged 125% of the customer service charges. Total
service charges may be adjusted to reflect variations in capital costs
for outside customers.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
There is hereby levied and assessed upon each lot, parcel of
land, building, premises or unit having a connection with the water
service system, a customer service charge, based upon the quantity
of water use, pursuant to § 66.0805, Wis. Stats., as amended
or renumbered from time to time. Such customer service charges shall
be billed to the person, firm, corporation or other entity owning,
using or occupying the property served. The customer service charges
are set by the Public Service Commission as is scheduled as follows:
A.
General metered service. Refer to PSCW Order No. 1760-WR-101, Schedule
Mg-1 and Mg-2, Amendment 19.
B.
Public service. Refer to PSCW Order No. 1760-WR-101, Schedule Mpa-1,
Amendment 19.
C.
General water service, unmetered. Refer to PSCW Order No. 1760-WR-101,
Schedule Ug-1, Amendment 19.
D.
Seasonal, emergency or temporary service. Refer to PSCW Order No.
1760-WR-101, Schedule Mgt-1, Amendment 19.
E.
Building and construction water service. Refer to PSCW Order No.
1760-WR-101, Schedule Mz-1, Amendment 19.
F.
Bulk water. Refer to PSCW Order No. 1760-WR-101, Schedule BW-1, Amendment
19.
G.
Reconnection charges. Refer to PSCW Order No. 1760-WR-101, Schedule
R-1, Amendment 19.
H.
Service lateral installation charge.
(1)
The initial service lateral will be installed from the main through
the curb stop and box by the Utility for which the cost charged will
be in accordance with PSCW Order No. 1760-WR-101, Schedule Cz-1, Amendment
19.
(2)
The service lateral can be installed by the property owner if approval
is obtained from the Utility.
I.
Public fire protection service fee. Refer to PSCW Order No. 1760-WR-101,
Schedule F-1, Amendment 19.
J.
Private fire protection service fee, unmetered. Refer to PSCW Order
No. 1760-WR-101, Schedule Upf-1, Amendment 19.
K.
Town of Fulton wholesale rate. Refer to PSCW Order No. 1760-WR-101,
Schedule W-1, Amendment 19.
A.
Customer complaints. The Utility shall investigate and keep a record
of complaints received by it from its customers in regard to safety,
service, or rates, and the operation of its system. The record shall
show the name and address of the complainant, the date and nature
of the complaint, and its disposition and the date thereof.
B.
Construction records. The Utility shall prepare, or cause to be prepared,
and shall keep on file, permanent, and adequate records in the form
of maps or clearly descriptive tabular statements, or both, showing
the size, kind, and location of all its underground mains and service
pipelines and other construction, and definite locations of all valves
and shutoff cocks. The records shall also show dates of construction
by year and month. The maps may be part of the continuing property
records if they show the size, kind and location of the facilities
and the date of construction by month and year.
C.
Records and reports of service interruptions.
(1)
The Utility shall notify the Commission as soon as possible of any
unusual occurrence which has caused or is expected to cause an interruption
of service for one hour or longer to all of the customers or 500 (or
more) customers, whichever number is smaller.
(2)
The Utility shall maintain a record of interruption showing for each
the date and time it began, the duration, the cause, and the approximate
number of customers affected.
D.
Pumpage records. A permanent record shall be kept of the amount of
water pumped into the distribution system each day. The daily pumpage
shall be summarized by months of such daily records and monthly summaries
kept on file.
E.
Metering equipment records. A test record shall be made whenever
a unit of metering equipment is tested but need not be retained after
the equipment is again tested if a complete history record is maintained.
The test record shall identify the unit and its location, date of
test, reason for test, readings before and after tests, a statement
of "as found" and "as left" accuracies, a statement of test conditions
sufficiently complete to permit checking the calculations employed,
identification of the testing standard and the person making the test,
and the results of the check or test of any associated remote register
device.
A.
Repeal of conflicting ordinances. All ordinances or parts of ordinances
or regulations or parts of regulations in conflict with this article
are hereby repealed.
B.
Invalidation clause. Invalidity of any section, clause, sentence,
or provision in this article shall not affect the validity of any
other section, clause, sentence, or provision of this article which
can be given effect without such invalid part or parts.
C.
Amendment. The approving authority, through its duly qualified officers,
reserves the right to amend this article in part or in whole wherever
it may deem necessary, but such right will be exercised only after
due notice to all persons concerned and proper hearing on the proposed
amendment.
A.
Annual audit. The approving authority shall conduct an independent
annual audit, the purpose of which shall be to maintain accurate accounting
records for the revenues and expenditures of the water facility and
to reestablish the equity and adequacy of the customer charges relative
to changes in system operation, maintenance and replacement costs.
A.
Date of effect. This article shall take effect and be in force April
1, 2001.
