The Water Utility and the Light Utility shall be combined as one utility and shall be designated the "Waterloo Water and Light Utility."
A. 
Meetings. The Water and Light Utility Commission shall hold regular monthly meetings and such special meetings called by the Chairperson or by a majority of the Commission as may be deemed necessary. Notice of every special meeting shall be given to each member. The times of holding regular meetings and the manner of calling special meetings shall be prescribed by the rules or bylaws of the Commission. Notice of all meetings shall be given in compliance with the Wisconsin Open Meeting Law.[1]
[1]
Editor's Note: See §§ 19.81 to 19.98, Wis. Stats.
B. 
Quorum. Three Commissioners shall constitute a quorum.
C. 
Record of proceedings to be kept. The Commission shall keep a full and accurate record of its proceedings and transactions.
D. 
Powers and duties.
(1) 
General. The Commission shall take charge and management of the Utility, appoint a manager, authorize such subordinates as may be necessary, fix their compensation, and shall supervise the operation of the Utility under the general control of the Council, pursuant to § 66.0805, Wis. Stats.
(2) 
Construction, contracts, and equipment. The Commission shall construct, extend, improve, operate, and maintain the Utility, subject to the general control of the Council and the powers and jurisdiction of the Public Service Commission, provided that contracts for the performance of work or purchase of materials which exceed $25,000 shall be let by the Council according to law. (See § 62.15, Wis. Stats.)
(3) 
Policy. The Commission shall establish written policies to govern the Utility operations to cover employees' duties, customer rates, services, rules and termination procedures, expenditures of funds, and other appropriate policies.
(4) 
Surety bonds. The Commission may require surety bonds for any of the officers and employees of the Utility in such amounts as the Commission deems necessary. The premiums for the bonds shall be paid by the Utility in the same manner as any other operating expense.
(5) 
Extension of water services. The Utility may extend water services beyond the City limits only to the extent authorized by the Council, pursuant to § 66.0813, Wis. Stats.
(6) 
Rates. Rates shall be sufficient to pay all operation, maintenance, depreciation, interest and debt service fund requirements, local and school tax equivalents, additions and improvements, and other necessary disbursements or indebtedness. All electric, heat, and water rates shall be established by the Wisconsin Public Service Commission.
(7) 
Disbursements. No money shall be drawn from the funds of the Utility, nor shall any obligation for the expenditure of money be incurred, except in conformity with authorization by the Commission. No claim against the Utility shall be paid unless evidenced by a voucher approved by the Commission. All bills of the Utility shall be approved by the Commission and said bills shall be paid out of the City treasury pursuant to § 66.0607(4), Wis. Stats., and shall be signed by the Clerk/Deputy Treasurer and Utility Superintendent.
(8) 
Investment of surplus funds. The Commission may invest surplus funds of the Utility only as authorized by § 66.0811(2), Wis. Stats.
(9) 
Budget. The Commission shall, annually, supervise and be responsible for the preparation of a separate budget for each utility.
(10) 
Audit. The funds and accounts of the Utility shall be audited annually by a certified public accountant and shall be open to public inspection.
A. 
Appointment. See Chapter 85, § 85-3 of this Code.
B. 
Powers and duties. The Utility Superintendent, subject to the control of the Utility Commission, shall:
(1) 
Appoint, discharge, and supervise all employees of the Utility.
(2) 
Execute or cause to be executed the ordinances, rules, and regulations of the Council and the Utility Commission relative to the Utility.
(3) 
Superintend the operation of the Utility and all property, buildings, pipes, mains, and machinery thereof belonging to the City and the execution of all contracts relating to said departments entered into by the Utility Commission or the Council.
(4) 
Keep accurate records of all accounts and claims for and against the Utility and of all extensions, additions, changes, alterations, and attachments to the water, heat, and electric systems and of all meters and the location thereof.
A. 
General. The rates, rules, and regulations of the Utility shall be those approved by the Council and on file and approved by the Wisconsin Public Service Commission.
B. 
Operating rules. All persons now receiving a water, steam heat, or electric supply from the Utility or who may hereafter make application therefor shall be considered as having agreed to be bound by all rules and regulations as filed with the Wisconsin Public Service Commission.
C. 
Facilitating future connections. For all water main extensions to properties not yet served by the Utility, the property owner is required to extend the main across the entire width or length, as appropriate, of the property being connected to the Utility to facilitate future connections to the Utility.
D. 
Public Service Commission rules and regulations applicable. All applicable Public Service Commission rules and regulations which are presently in existence or as subsequently amended are incorporated herein by reference. Copies of all current Public Service Commission rules and regulations shall be kept on file in the offices of the Clerk-Treasurer and the Utility.
A. 
Purposes. The purposes of this section are:
(1) 
To protect the public health, safety, and welfare and to prevent contamination of the public water system by providing for the inspection of properties to assure compliance with cross-connection requirements.
(2) 
To provide for the maintenance of a continuing program of cross-connection control, which will systematically and effectively prevent the contamination or pollution of all potable water systems under the direct authority of the City of Waterloo.
B. 
Definitions. For the purpose of this section, the following definitions shall apply:
BACK PRESSURE
A pressure greater than the supply pressure which causes backflow.
BACK SIPHONAGE
The creation of a backflow as a result of negative pressure.
BACKFLOW
The unwanted reverse flow of liquids, solids, or gases.
CROSS-CONNECTION
A connection or potential connection between any part of a water supply system and another environment containing any substance in a manner that, under any circumstances, would allow the substance to enter the water supply system by means of back siphonage or back pressure.
CROSS-CONNECTION CONTROL DEVICE
Any mechanical device which automatically prevents backflow from a contaminated source into a potable water supply system.
PERSON
A natural person, sole proprietorship, partnership, limited-liability company, corporation, or association.
POTABLE WATER
Water that is both safe for drinking, personal use, or culinary use and free of impurities present in amounts sufficient to cause disease or harmful physiological effects.
C. 
Prohibitions.
(1) 
No person shall establish or permit to be established or maintain or permit to be maintained any cross-connection.
(2) 
No person shall remove or permit to be removed a cross-connection control device.
(3) 
No person shall establish an interconnection whereby potable water from a private, auxiliary, or emergency water supply, other than the regular public water supply of the City of Waterloo, 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 Utility and the Wisconsin Department of Natural Resources in accordance with § NR 810.15, Wis. Adm. Code.
D. 
Property owner responsibilities. The property owner shall be responsible for the protection of the potable water supply by the elimination of or protection from all cross-connections on the property. The property owner, at the property owner's expense, shall install, maintain, and test any and all backflow protection devices on the property in compliance with the provisions of this section. The property owner shall inform the Utility of any proposed or modified cross-connections.
E. 
Inspection. The Utility shall have the power and authority at all reasonable times to inspect all properties served by a connection to the public water system of the City of Waterloo for cross-connections. The frequency of inspections and reinspection based on potential health hazards involved shall be established by the City of Waterloo and shall be in accordance with § NR 810.15, Wis. Adm. Code. If entry is refused, such representative may obtain a special inspection warrant under § 66.0119, Wis. Stats. A copy of any testing conducted on any backflow prevention device shall be provided to the Utility. Upon request by a representative of the Utility, the owner, lessee, or occupant of any property so served shall furnish to the inspection agency any additional pertinent information regarding the piping system or systems on such property if such information is known to such owner, lessee, or occupant.
F. 
Discontinuance of water service. The Utility is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this section exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service may be discontinued only after reasonable notice and opportunity for a hearing pursuant to the provisions of this section, except as provided in Subsection G. Water service to such property shall not be restored until the cross-connection(s) has been eliminated or a backflow prevention device, approved by the Utility, has been installed in compliance with the provisions of this section.
G. 
Emergency action. If it is determined by the Utility that a cross-connection or an emergency causes imminent danger to the public health, safety, or welfare and requires immediate action, service may be immediately discontinued or ordered disconnected. The person aggrieved shall receive notice of the disconnection and shall have the right to appeal action pursuant to the provisions of this section.
H. 
The provisions of § Comm 82.41, Wis. Adm. Code,[1] as amended from time to time, relating to cross-connection control are hereby incorporated by reference as though fully set forth herein.
[1]
Editor's Note: Section Comm. 82.41, Wis. Adm. Code, was repealed by Register February 2011 No. 662. See now SPS § 382.41.
A. 
Purpose. The purpose of this section is to prevent unused and/or improperly constructed wells from serving as a passage for contaminated surface or near-surface waters or other materials to reach the usable groundwater. These wells must be properly filled and sealed.
B. 
Coverage. All private wells located on any premises which is served by the public water system of the City shall be properly filled. Only those wells for which a well operation permit has been granted by the Clerk-Treasurer may be exempted from this requirement, subject to conditions of proper maintenance and operation. Those areas outside the corporate boundaries of the City which are connected to the City distribution system shall adopt their own ordinance to comply with Ch. NR 812, Wis. Adm. Code and this section.
C. 
Well operation permits. A permit, issued by the City, may be granted to a well owner to operate a well for a period not to exceed five years if the following requirements are met. Application shall be made on forms furnished by the Clerk-Treasurer.
(1) 
The well and pump installation meet the requirements of Ch. NR 812, Wis. Adm. Code, and a well constructor's report is on file with the Department of Natural Resources, or certification of the acceptability of the well has been granted by the Private Water Supply Section of the Department of Natural Resources.
(2) 
The well has a history of producing safe water and presently produces bacteriologically safe water, as evidenced by three samplings two weeks apart. A fee, as stated in the City of Waterloo Fee Schedule, may be charged for the purpose of conducting tests.
(3) 
The proposed use of the well can be justified to the City as being necessary in addition to water provided by the public water system.
(4) 
No physical connection shall exist between the piping of the public water system and the private well.
(5) 
Renewals for the well operating permit may be obtained at five-year intervals following issuance of the original permit and shall require only one water sampling as set forth in Subsection C(2) above. All permits shall expire on June 30, 2014, and shall be eligible for renewal at recurring five-year intervals from that date.
(6) 
Fees shall be as stated in the City of Waterloo Fee Schedule.[1]
[1]
Editor's Note: The Fee Schedule is on file at the office of the City Clerk-Treasurer.
D. 
Method of abandonment. Wells to be abandoned shall be filled and sealed according to the procedures outlined in Ch. NR 812, Wis. Adm. Code. The pump and piping must be removed and the well checked for obstructions prior to the plugging. Any obstruction or well liner must be removed. All costs of required work and materials shall be paid for by the property owner. The owner shall notify the Utility Superintendent prior to the scheduled date of filling said well so that the Utility Superintendent or his/her designee may observe the filling of the well. Filling with unapproved materials or by unapproved procedures is prohibited.
E. 
Reports and inspection. A well abandonment report must be submitted by the well owner to the Department of Natural Resources on forms provided by that agency which are available at the office of the Clerk-Treasurer. The report shall be submitted immediately upon completion of the filling and sealing of the well. The well filling and sealing must be observed by an authorized representative of the Utility Commission.
F. 
Penalty. Any person violating any provision of this section shall, upon conviction, be punished by a forfeiture of not less than $200 nor more than $1,000, together with the costs of prosecution. Each day during which a violation exists shall be deemed and constitute a separate offense.
A. 
Opening and closing fire hydrants or stopcocks. No person shall open or close any fire hydrant valve or stopcock connected with the water works system of the City without the permission of the Utility Superintendent, except in case of fire, and then only under the direction of the Fire Chief.
B. 
Tampering with meters; using false meters. No person shall tamper with a utility meter or use a false utility meter.
C. 
Covering or concealing meters prohibited. No person shall cover or conceal from view or remove any meter placed by the City, its employees, or its agents, except authorized City officials or City employees when acting in their official capacity.
D. 
Connections with main, line, or service system of utilities. No person, unless acting under the authority of the Council, the Utility Commission, or the Utility Superintendent, shall make or permit to be made any connections with a main, line, or service system of any utility or turn on or use any water, electricity, heat, or service of any utility without first obtaining a permit therefor from the Utility Superintendent.
E. 
Protection of municipal water system. No person shall connect to, tamper with, modify, injure, deface, damage, or in any manner interfere with the municipal water system or any part thereof.
F. 
Damages to hydrants by motor vehicles. Owners or operators of motor vehicles shall be responsible for the costs of repair to any hydrant damaged by a motor vehicle, and neither the City nor the Utility shall be held responsible for any damages to any motor vehicles resulting therefrom.
G. 
Breaking seals. No person shall break any seal upon any meter, valve, private fire hydrant, hydrant, or other fixture sealed by the Utility.
H. 
Sale of water. No person shall sell or resell any water obtained from the Utility without the authority of the Utility Superintendent. Further, no person shall give away such water for the purpose of evading this section.
I. 
Falsifying information. No person shall knowingly falsify any statement, representation, record, report, plan, or other document filed with the City, any state agency, or the Utility regarding the City's water system or any private water system or source.
A. 
Every water service lateral connected to the public water system shall be made of suitable material, as determined by the Waterloo Utility Commission.
B. 
Intent and purpose. The Common Council of the City of Waterloo finds that it is in the public interest to establish a comprehensive program for the removal and replacement of lead water laterals in use within both the public Utility and in private systems and, to that end, declares the purposes of this section to be as follows:
(1) 
To ensure the water quality at every tap of Utility customers meets the water quality standards specified under the Federal Safe Drinking Water Act;[1]
[1]
Editor's Note: See 42 U.S.C.A. § 30 of et seq.
(2) 
To reduce the lead in City drinking water to meet Environmental Protection Agency (EPA) standards and ideally to reduce the lead contaminant level to zero in City drinking water for the health of City residents;
(3) 
To eliminate the constriction of water flow caused by mineral-rich surface water flowing through lead water service pipes and the consequent buildup of mineral deposits inside lead pipes; and
(4) 
To meet the Wisconsin Department of Natural Resources (WDNR) requirements for local compliance with the Lead and Copper Rule.
C. 
Owner to replace lead service. Existing lead water service laterals connected to the Utility shall be replaced with water service laterals made of suitable materials at the owner's expense. The property owner shall provide the Utility Superintendent with a copy of a contract with a licensed plumber to replace the lateral within 30 days of receiving notice of a lead lateral. The lateral shall be replaced within a ninety-day period.
D. 
Water system improvements. Property owners in an area where water system improvements are taking place will be notified, in writing, of capital improvement projects involving the public water system. The notification shall be at least 60 days prior to the commencement of the water-system-related construction and shall be issued by the Utility.
E. 
Inspection required. The Utility Superintendent or his/her designee shall inspect all private connections to the public water system for the presence of lead or lead-causing pipes prior to, if possible, or at the time that the Utility water system is to be reconstructed and, if unable to gain access for inspection, may pursue an inspection warrant. In the event the lateral is found to contain lead, the Clerk-Treasurer, or his/her designee, shall notify the owner, in writing, by United States mail within 10 working days, of the fact that lead has been found, along with information about the City's Lead Water Service Replacement Program. The affected property owner shall provide proof of arrangements for replacement of the private lead water service lateral within 30 days of the date of the notification letter. The lateral shall be replaced within a ninety-day period.
F. 
Authority to discontinue service. As an alternative to any other methods for obtaining compliance with the requirements of this Municipal Code regarding replacement of illegal private water laterals, the Utility may, as provided in Water Utility Operating Rules approved by the Wisconsin Public Service Commission, discontinue water service to such property served by illegal private water service laterals after reasonable notice and an opportunity for hearing before the Waterloo Utility Commission.
Any person who shall violate any provision of the rules and regulations of the Utility adopted pursuant to this article shall be subject to the penalty as provided in Chapter 1, § 1-4 of this Code.