(1) 
GENERAL. The rules and regulations governing the operation of the Wittenberg Water Utility shall be those on file with and approved by the Wisconsin Public Service Commission and Wisconsin State Statutes. A violation of any such rules and regulations shall be a violation of this subchapter.
(2) 
OPERATING RULES.
(a) 
All persons now receiving water service 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 Public Service Commission.
(b) 
The applicable provisions of Wis. Adm. Code PSC 185 relating to water service are hereby adopted by reference and made a part of these rules as if set forth in full. A violation of such rules shall constitute a violation of this subchapter.
(1) 
DEFINITION. A cross-connection shall be defined as any physical connection or arrangement between 2 otherwise separate water systems, one of which contains potable water from the Village water system, and the other, water from a private source, water of unknown or questionable safety, or steam, gases or chemicals, whereby there may be a flow from one system to the other, the direction of flow depending on the pressure differential between the 2 systems.
(2) 
REGULATED. No person shall establish or permit to be established, or maintain or permit to be maintained, any cross-connection. No interconnection shall be established whereby potable water from a private, auxiliary or emergency water supply other than the regular public water supply of the Village may enter the supply or distribution system of the Village unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the Village Board and by the Wisconsin Department of Natural Resources in accordance with Wis. Adm. Code NR 811.09(2).
(3) 
DUTY TO INSPECT. It shall be the duty of the Village Board to cause inspections to be made of all properties served by the public water system where cross-connection with the public water system is deemed possible. The frequency of inspections and reinspections based on potential health hazards involved shall be as established by the Village Board and as approved by the Wisconsin Department of Natural Resources.
(4) 
ENTRY FOR INSPECTION. Upon presentation of credentials, the Utility Superintendent shall have the right to request entry at any reasonable time to examine any property served by a connection to the public water system of the Village for cross-connections. If entry is refused, the Superintendent 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 Superintendent any pertinent information regarding the piping system or systems on such property.
(5) 
DISCONNECTION OF WATER SERVICE. The Utility Superintendent is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this section exists and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service shall be discontinued only after reasonable notice and opportunity for hearing under Ch. 68, Wis. Stats., except as provided in sub. (6) below. Water service to such property shall not be restored until the cross-connection has been eliminated in compliance with the provisions of this section.
(6) 
EMERGENCY DISCONNECTION. If it is determined by the Utility Superintendent that any cross-connection constitutes an emergency endangering public health, safety or welfare and thereby requires immediate action, a written finding to that effect shall be filed with the Clerk-Treasurer and delivered to the customer's premises, and service shall be immediately discontinued. The customer shall have an opportunity for hearing under Ch. 68, Wis. Stats., within 10 days of such emergency discontinuance.
(7) 
STATE CODE ADOPTED BY REFERENCE. The Village adopts by reference the State Plumbing Code of Wisconsin, Wis. Adm. Code COMM 82.
(1) 
PURPOSE. To protect public health, safety and welfare and to prevent contamination of ground water by assuring that unused, unsafe or non-complying wells or wells which may act as conduits for contamination of ground water or wells which may be illegally cross-connected to the municipal water system or properly maintained or abandoned.
(2) 
APPLICABILITY. This section applies to all wells located on premises served by the Village water system. Utility customers outside the jurisdiction of the municipal system may be required under contract agreement or utility rule to adopt and enforce equivalent ordinances within their jurisdictions for the purposes stated in sub. (1) above.
(3) 
DEFINITIONS.
(a) 
Municipal Water System.
A community water system owned by a city, village, county, town, town sanitary district, utility district or a Federal, State, county of municipal owned institution for congregate care or correction, or a privately owned water utility serving the foregoing.
(b) 
Non-complying.
A well or pump installation which does not comply with Wis. Adm. Code NR 812.42, Standards for Existing Installations, and which has not been granted a variance pursuant to Wis. Adm. Code NR 812.43.
(c) 
Pump Installation.
The pump and related equipment used for withdrawing water from a well, including the discharge piping, the underground connections, pitless adapters, pressure tanks, pits, sampling faucets and well seals or caps.
(d) 
Unsafe.
A well or pump installation which produces water which is bacteriologically contaminated or exceeds the drinking water standards of Wis. Adm. Code NR 812.06 or for which a health advisory has been issued by the Department of Natural Resources.
(e) 
Unused.
A well or pump installation which is not used or does not have a functional pumping system.
(f) 
Well.
An excavation or opening into the ground made by digging, boring, drilling, driving or other methods for the purpose of obtaining ground water for consumption or other use.
(g) 
Well Abandonment.
The proper filling and sealing of a well according to the provisions of Wis. Adm. Code NR 812.26.
(4) 
ABANDONMENT REQUIRED. All wells on premises served by the municipal water system shall be properly abandoned in accordance with sub. (6) below no later than one year from the date of connection to the municipal water system unless a valid well operation permit has been issued to the well owner by the Utility Superintendent under the terms of sub. (5) below.
(5) 
WELL OPERATION PERMIT. Owners of wells on premises served by the municipal water system wishing to retain their wells for any use shall make application for a well operation permit for each well no later than one year after connection to the municipal water system. The Utility Superintendent shall grant a permit to a well owner to operate a well for a period not to exceed 5 years providing all conditions of this section are met. A well operation permit may be renewed by submitting an application verifying that the conditions of this section are met. The Superintendent or his agent may conduct inspections and water quality tests or require inspections and water quality tests to be conducted at the applicant's expense using independent certified contractors to obtain or verify information necessary for consideration of a permit application or renewal. Permit applications and renewals shall be made on forms provided by the Superintendent. The following conditions shall be met for issuance or renewal of a well operation permit:
(a) 
The well and pump installation shall meet or may be upgraded to meet the Standards for Existing Installations described in Wis. Adm. Code NR 812.42.
(b) 
The well and pump shall have a history of producing safe water evidenced by at least 2 coliform bacteria samples taken a minimum of 2 weeks apart. In areas where the Department of Natural Resources has determined that ground water aquifers are contaminated with substances other than bacteria, additional chemical tests may be required to evidence safety of the water.
(c) 
There shall be no cross-connections between the well's pump installation or distribution piping and the municipal water system.
(d) 
The well water shall not discharge into a drain leading directly to a public sewer utility unless properly metered and authorized by the sewer utility.
(e) 
The well shall have a functional pumping system and the proposed use of well water can be justified as reasonable in addition to water provided by the municipal water system.
(6) 
ABANDONMENT PROCEDURES.
(a) 
All wells abandoned under the jurisdiction of this section shall be done according to the procedures and methods of Wis. Adm. Code NR 812.26. All debris, pumps, piping, unsealed liners and any other obstructions which may interfere with sealing operations shall be removed prior to abandonment.
(b) 
The owner of the well or the owner's agent may be required to obtain a well abandonment permit prior to any well abandonment and notify the Utility Superintendent in advance of any well abandonment activities. The abandonment of the well shall be observed or verified by inspection by the municipal system.
(c) 
An abandonment report form, supplied by the Department of Natural Resources, shall be submitted by the well owner to the Utility Superintendent and the Department of Natural Resources within 30 days of the completion of the well abandonment.
(7) 
PENALTIES. Any well owner violating any provision of this section shall, upon conviction, be subject to a forfeiture of not less than $25 or more than $200 plus the cost of prosecution. Each day of violation is a separate offense. If any person fails to comply with this section for more than 30 days after receiving written notice of the violation, the Village may impose a penalty and cause the well abandonment to be performed and the expense to be assessed as a special charge against the property pursuant to §66.0627, Wis. Stats.
(1) 
LAWN SPRINKLING RESTRICTIONS. The Village President may impose mandatory lawn sprinkling restrictions on all water users in the Village in order to avoid undue stress upon the resources and reserve capacity of the Water Utility. The restrictions may apply to all properties or to alternate sides of the street as deemed necessary. Alternate side restrictions would apply to even-numbered sides of the street on even-numbered calendar days and odd-numbered sides of the street on odd-numbered calendar days, respectively. Restrictions may be for all day or for specified times each day. Separate restrictions for watering gardens, trees, bushes, flowers, etc., may be imposed by the Village President or Village Administrator when and if necessary.
(2) 
COMPLIANCE WITH RULES AND REGULATIONS REQUIRED. Except as provided in sub. (3) below, it shall be unlawful for any person to use or allow water to be used in any fashion contrary to the rules and regulations issued under this section.
(3) 
EXCEPTION. Persons having newly seeded or sodded lawns are exempt from the provisions of this section, upon approval of the Utility Superintendent.
(1) 
STATEMENT OF PURPOSE. Village residents depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this section is to institute land use regulations and restrictions to protect the Village's municipal water supply, and to promote the health, safety and general welfare of the residents of the Village.
(a) 
Authority. Statutory authority of the Village to enact these regulations was established by the Wisconsin Legislature in ss. 62.23(7)(a) and (c), Wis. Stats. Under these statutes, the Village has the authority to enact the ordinance codified in this section, effective in the incorporated areas of the Village, to encourage the protection of groundwater resources.
(b) 
Groundwater Protection Overlay District. This section, which may be cited and referred to as the "Village of Wittenberg Wellhead Protection Ordinance," institutes land use regulations and restrictions in the Groundwater Protection Overlay District in order to protect the portion of the recharge area for the Village wells that lie within the Village limits. The recharge area for the Village wells is that land area which contributes water to the Village wells by infiltration of water into the subsurface and movement with groundwater toward the wells.
It is further intended that the Groundwater Protection Overlay District shall be operated in conjunction with the regulations governing the underlying zoning districts and other overlay districts in the subject area. Uses permitted by such other districts, but subject to the provisions of this section, may not be undertaken unless they are also permitted by the terms of this section. In the event of conflicting standards between the underlying zoning and these groundwater regulations, the more restrictive will apply. If conditional use permits are required for both this overlay district and the underlying zoning district for a proposed use, the processing of the 2 permits shall be treated separately under the terms applicable to each district.
The boundary of the Groundwater Protection Overlay District(s) is the area(s) described in the wellhead protection plan for any municipal well within the Village of Wittenberg as a "Wellhead Protection Area," and is incorporated herein by reference. These should be shown on the Village of Wittenberg Zoning Map.
(2) 
DEFINITIONS.
(a) 
"Aquifer"
means a saturated, permeable, geologic formation that contains, and will yield, significant quantities of water.
(b) 
Conditional Uses. In addition to permitted and prohibited uses, this section identifies the requirements for getting approval of certain conditional (or provisional) uses. If an activity isn't identified as permitted or prohibited, a conditional use permit may be needed for that activity. Sub. (5) below identifies the requirements for getting approval for a conditional use not otherwise allowed. Sub. (5) below could also be called Other Permitted Uses.
(c) 
"Existing facilities"
means current facilities, practices and activities which may cause or threaten to cause environmental pollution within that portion of the Village's wellhead protection area that lies within the corporate limits of the Village which are in operation at the time of the ordinance codified in this section.
(d) 
"Groundwater Protection Overlay District"
means the area(s) described in the wellhead protection plan for any municipal well within the Village of Wittenberg as a "Wellhead Protection Area."
(e) 
Recharge Area. The "recharge area" for a Village well is that land area which contributes water to the well by infiltration of water into the subsurface and movement with groundwater toward the well.
(f) 
Wellhead. The "wellhead" is the well that provided the source of water along with the structures built on top of and around the well.
(g) 
Wellhead Protection Area(s). The "wellhead protection area" is the surface or subsurface area surrounding a water well or wellhead supplying a municipal water system through which contaminants are reasonably likely to move toward and reach such well or wellhead. The wellhead protection area(s) are designated in the well's wellhead protection plan.
(3) 
PROHIBITED USES. The uses prohibited by this district have been identified as risks for groundwater contaminations. Prohibition provides the greatest assurance that inadvertent discharge of pollutants into the groundwater supply will not occur. The following are prohibited uses within the Groundwater Protection Overlay District:
(a) 
Private on-site sewage treatment system or septic drain fields.
(b) 
Wells, private, production, injection or other.
(c) 
Animal waste storage areas and facilities.
(d) 
Petroleum products storage above or underground, except those that meet the most restrictive installation requirements of s. SPS 310.260, Wis. Adm. Code.
(e) 
Automobile or truck fuel sales or service stations.
(f) 
Shops for repair, servicing or assembling of machinery, motors or motor vehicles, including body repair, painting or engine rebuilding.
(g) 
Junk/recycling yards, motor vehicle salvage yards.
(h) 
Landfills, areas for dumping or disposal of garbage, refuse, trash or demolition material.
(i) 
Septage and municipal sewage sludge disposal sites.
(j) 
Mining operations.
(k) 
Highway salt storage areas.
(l) 
Cemeteries.
(m) 
Dry cleaning establishments.
(n) 
Printing and publishing establishments.
(o) 
Storage, sale, processing or manufacturing of fertilizer, chemicals, toxic or hazardous materials.
(p) 
Manufacturing of paint products, plastics, or pulp and paper products.
(q) 
Industrial liquid waste storage areas.
(r) 
Electroplating operations.
(s) 
Exterminating supply, storage, or application shops.
(t) 
Foundries and forge or metal reduction and refinement plants.
(u) 
Any other use determined by the Village Board to be similar in nature to the above listed items.
(4) 
SEPARATION DISTANCES FROM WELL. Uses within the Groundwater Protection Overlay District shall maintain the following minimum separation distances as specified in s. NR 811.12(5), Wis. Adm. Code:
(a) 
Fifty feet between a well and a storm sewer main or a sanitary sewer main where the sanitary sewer main is constructed of water main class materials and joints.
(b) 
Two hundred feet between a well and any sanitary sewer main not constructed of water main class materials, sanitary sewer manhole, lift station, one- or two-family residential heating fuel oil underground storage tank or above ground storage tank or private on-site wastewater treatment system (POWTS) treatment tank or holding tank component and associated piping.
(c) 
Three hundred feet between a well and any farm underground storage tank system or other underground storage tank system with double wall and with electronic interstitial monitoring for the system,
which means the tank and any piping connected to it. These installations shall meet the most restrictive installation requirements of s. SPS 310.260, Wis. Adm. Code and receive written approval from the Department of Safety and Professional Services or its designated local program operator under s. SPS 310.110, Wis. Adm. Code. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.
(d) 
Three hundred feet between a well and any farm above ground storage tank with double wall, or single wall tank with other secondary containment and under a canopy; other above ground storage tank system with double wall, or single wall tank with secondary containment and under a canopy and with electronic interstitial monitoring for a double wall tank or electronic leakage monitoring for a single wall tank secondary containment structure. These installations shall meet the most restrictive installation requirements of s. SPS 310.260, Wis. Adm. Code, and receive written approval from the Department of Commerce or its designated local program operator under s. SPS 310.110, Wis. Adm. Code. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.
(e) 
Four hundred feet between a well and a POWTS dispersal component with a design capacity of less than 12,000 gallons per day, a cemetery or a storm water retention or detention pond.
(f) 
Six hundred feet between a well and any farm underground storage tank system or other underground storage tank system with double wall and with electronic interstitial monitoring for the system,
which means the tank and any piping connected to it; any farm above ground storage tank with double wall, or single wall tank with other secondary containment and under a canopy or other above ground storage tank system with double wall, or single wall tank with secondary containment and under a canopy; and with electronic interstitial monitoring for a double wall tank or electronic leakage monitoring for a single wall tank secondary containment structure. These installations shall meet the standard double wall tank or single wall tank secondary containment installation requirements of s. SPS 310.260, Wis. Adm. Code and receive written approval from the Department of Safety and Professional Services or its designated local program operator under s. SPS 310.110, Wis. Adm. Code. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.
(g) 
One thousand feet between a well and land application of municipal, commercial, or industrial waste; the boundaries of a land spreading facility for spreading of petroleum-contaminated soil regulated under state administrative regulations while that facility is in operation; agricultural, industrial, commercial or municipal waste water treatment plant treatment units, lagoons, or storage structures; manure stacks or storage structures; or POWTS dispersal component with a design capacity of 12,000 gallons per day or more.
(h) 
Twelve hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one time disposal or small demolition facility; sanitary landfill; coal storage area; salt or deicing material storage area; any single wall farm underground storage tank or single wall farm above ground storage tank or other single wall underground storage tank or above ground storage tank that has or has not received written approval from the Department of Safety and Professional Services or its designated local program operator under s. SPS 310.110, Wis. Adm. Code, for a single wall tank installation. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances; and bulk pesticide or fertilizer handling or storage facilities.
(5) 
CONDITIONAL USE APPLICATIONS. Individuals and/or facilities may request the Village in writing to permit additional land uses in the Groundwater Protection Overlay District.
(a) 
Required Application Materials.
1. 
All requests shall be in writing, whether on or in substantial compliance with forms to be provided by the Village, and may require an environmental assessment report prepared by a licensed environmental engineer. Said report shall be forwarded to the Village and/or designee(s) for recommendation and final decision by the Village Board.
2. 
The individual/facility shall reimburse the Village for all consultant fees associated with this review at the invoiced amount plus administrative costs.
3. 
Any exemptions granted shall be conditional and may include required environmental and safety monitoring consistent with local, state and federal requirements, and/or bonds and/or securities satisfactory to the Village.
(b) 
Referral to Plan Commission. A properly filed application shall be referred to the Plan Commission for its review and recommendation. The Plan Commission shall review the application and make its recommendation, if any. The Plan Commission shall forward the recommendations to the Village Board. Upon receipt of the recommendations of the Plan Commission, the Village Board shall hold a public hearing.
(c) 
Standards for Conditional Use. The Village Board shall apply the following factors:
1. 
The Village's responsibility, as a public water supplier, to protect and preserve the health, safety and welfare of its citizens.
2. 
The degree to which the proposed land use practice, activity or facility may threaten or degrade groundwater quality in the Village or the Village's recharge area.
3. 
The economic hardship which may be faced by the landowner if the application is denied.
4. 
The availability of alternative options to the applicant, and the cost, effect and extent of availability of such alternative options.
5. 
The proximity of the applicant's property to other potential sources of contamination.
6. 
The then existing condition of the Village's groundwater public water well(s) and well fields, and the vulnerability to further contamination.
7. 
The direction of flow of groundwater and other factors in the area of the applicant's property which may affect the speed of the groundwater flow, including topography, depth of soil, extent of aquifer, depth to water table and location of private wells.
8. 
Any other hydrogeological data or information which is available from any public or private agency or organization.
9. 
The potential benefit, both economic and social, from the approval of the applicant's request for a permit.
(d) 
Types of Conditions Which the Board May Require. The Village Board may stipulate conditions and restrictions including but not limited to the following:
1. 
A requirement for periodic environmental and safety sampling, testing, and reporting to establish the continued protection of the public water supply. The Village may require an application to install one or more groundwater monitoring well(s), at the expense of the applicant;
2. 
The establishment of safety structures to prevent groundwater contamination;
3. 
The establishment of an operational safety plan to define processes and procedures for material containment, operations monitoring, best management practices, and storm water runoff management to prevent groundwater contamination;
4. 
Written policies and procedures for reporting and cleaning up any spill of a hazardous material;
5. 
The provision of copies of all federal, state and local facility operation approval or certificates, and on-going environmental monitoring results to the Village;
6. 
A written agreement pursuant to which the applicant agrees to be held financially responsible for all environmental clean-up costs in the event of groundwater contamination;
7. 
Bonds and/or securities satisfactory to the Village for future monitoring and clean-up costs if groundwater contamination occurs in the future.
The foregoing conditions are listed for illustration purposes and are not exclusive.
(e) 
Transfers of Interest in Property. Conditional use permits issued under this section are non-transferable to successor owners of the property subject to the permit without the express written consent of the Village Board. The Village Board may set conditions and restrictions on the transfer including but not limited to a stipulation that the permit shall not be transferred unless the new owner expressly and in writing assumes the same terms, if any, for personal liability as were required of the former owner in the conditional use permit to be transferred. Written permission shall be obtained prior to the voluntary transfer of the subject property. When an involuntary transfer occurs, the new owner, trustee, or other successor to an interest in the real property shall apply to the Village within 60 days for permission to continue the use granted by the conditional use permit.
(f) 
Payment of Costs. The applicant shall be solely and exclusively responsible for any and all costs associated with the application. The conditional use will become effective only after any costs incurred by the Village during the conditional use application review process and billed to the applicant are paid by the applicant. Those costs may include:
1. 
The Village's expenses, including consultant's and attorney's fees, if any, associated with the review at the invoiced amount plus administrative costs.
2. 
The cost of an environmental impact study if so required by the Village or its designee.
3. 
The cost of groundwater monitoring or groundwater wells if required by the Village or its designee.
4. 
The costs of an appraisal for the property or other property evaluation expense if required by the Village or its designee.
(6) 
EXISTING NON-CONFORMING USES. Non-conforming uses lawfully in existence within the Groundwater Protection Overlay District at the adoption of the ordinance creating this district may continue to exist in the form and scope in which they existed at that time subject to the following provisions:
(a) 
Existing facilities shall provide copies of all federal, state and local facility operation approvals or certificate and on-going environmental monitoring results to the Village upon request.
(b) 
Existing facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.
(c) 
In the event a lawful non-conforming use poses a direct hazard to the Village's public water supply, the Village may take any action permitted by law to abate the hazard.
(d) 
Existing facilities shall have the responsibility of devising and/or filing with the Village a contingency plan satisfactory to the Plan Commission for the immediate notification of the appropriate Village officers in the event of an emergency.
(7) 
NO ACCEPTANCE OF LIABILITY BY VILLAGE. Nothing in this section shall be construed to imply that the Village has accepted any of an owner's or operator's liability if a facility or use, whether permitted as of right or pursuant to a conditional use permit, contaminates groundwater in any aquifer.
(8) 
ENFORCEMENT AND PENALTIES.
(a) 
In the event an individual and/or facility causes the release of any contaminants which endanger the Groundwater Protection Overlay District, the individual/facility causing said release shall immediately cease and desist, and provide clean-up satisfactory to the Village of Wittenberg.
(b) 
The individual/facility shall be responsible for all costs of clean-up and the Village of Wittenberg consultant fees at the invoice amount plus administrative costs for oversight, review and documentation, which includes all of the cost of Village employees' time associated in any way with the clean-up, the cost of Village equipment employed and the cost of mileage reimbursed to the Village employees attributed to the clean-up.
(c) 
Following any such discharge, the Village may require additional test monitoring or other requirements as outlined in sub. (5) and (6) above.
(d) 
Violations. It shall be unlawful to construct or use any structure, land or water in violation of this section. Any person who is specifically damaged by such violations may institute appropriate action or proceeding to enjoin a violation of this section.
(e) 
Penalties. Any person, firm or corporation who fails to comply with the provisions of this section shall, upon conviction thereof, forfeit not less than $100 or more than $5,000 plus the costs of the prosecution for each violation, and in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days, or in the alternative, shall have such costs added to their real estate property tax bill as a lien against the property. Each day a violation exists or continues shall constitute a separate offense.
(Cr. Ord. #2013-03)
Any person who shall violate any of the provisions of this subchapter or rules or regulations of the Village or who shall connect a service pipe without first having obtained a permit therefor or who shall violate any provisions of the Wisconsin Statutes, the Wisconsin Administrative Code or any other materials which are incorporated by reference shall, upon conviction, forfeit not less than $10 nor more than $200 and the costs of prosecution. This shall not bar the Village Board from enforcing the connection duties required by law. The Utility shall have the right of recovery from all persons any expense incurred by the Utility for the repair or replacement of any water pipe, curb stop, gate valve, hydrant or valve box damaged in any manner by any person by the performance of any work under its control or by any negligent act. Owners or operators of motor vehicles shall be held liable for the cost of repair of any hydrant damaged by them and the Utility shall not be responsible for the damage to the motor vehicle by reason of such accident.