[Amended 11-5-1991 by Ord. No. 1362(16); 9-5-1995 by Ord. No. 1503(11)]
A. Water Utility operation. As provided in § 66.0805(6),
Wis. Stats., the Common Council will be in charge of the operations
of the Burlington Water Utility.
B. Manager. The Common Council shall appoint a manager
who may be referred to as the "Utility Manager." He shall be the general
executive officer of the Utility. He shall hold office for such time
as shall be determined by the Common Council and shall give a bond
conditioned on the faithful discharge of his duties in such sum and
with such surety as shall be provided by the Common Council, and the
Utility shall pay the premium therefor.
C. Manager duties. The Utility Manager shall have general
supervision of the Utility under the direction of the Common Council.
He shall engage necessary employees and agents subject to the approval
of the Common Council. He shall have supervision of the buildings,
grounds, machinery, pipes and all other matters connected therewith.
He shall see that all laws, ordinances, rules and regulations of the
State Public Service Commission and the Common Council as they pertain
to the operation of the Utility are complied with and shall perform
all other duties concerning the Utility imposed upon him by the Common
Council and shall see that the conditions of contracts by or with
such Utility are complied with.
D. City officials. The Utility, when necessary, may utilize
the services of the City Engineer, City Attorney and other officials
and employees on such basis as shall be mutually agreed upon or as
determined by the Common Council. The general fund of the City shall
be reimbursed by the Utility for the cost of the services of City
officials and City employees.
E. Rules. The Common Council shall have power to make
all necessary rules governing its own proceedings and for the governing
of the Water Utility, which rules shall, however, not contravene any
laws of the state or ordinances of the City.
F. Records. The records of the Water Utility shall show
the names of all patrons, description of premises supplied, uses to
which supply of water is put, rate of tariff and collections made.
The records of the Manager shall indicate all meter readings and the
total amount of water used as consumed between each reading and a
record of all extensions, additions, changes, alterations and attachments
made to the system of the Water Utility and of all meters and the
locations thereof. The Water Utility shall maintain a map showing
the locations and size of all pipelines, valves, junctions and service
pipes and of the entire Water Utility system and shall from time to
time make such additions or alterations in such maps as shall correspond
to the changes in the physical plan and shall keep the same on file
in its office.
G. Compensation. The Common Council shall fix the compensation
to be received by all employees of the Water Utility.
All persons now receiving a water supply from
the City Water Utility or who may hereafter make application therefor
shall be considered as having agreed to be bound by the rules and
regulations as filed with the Public Service Commission.
[Amended 10-3-1989 by Ord. No. 1276(24)]
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
CONTRIBUTOR
The owner of property at time of a contribution or refund,
unless otherwise specified by written agreement.
CUSTOMER
The owner of premises to which water is now or is to be furnished,
unless specific written agreements specify otherwise. The customer
at all times means the property owner at the time a contribution is
to be made or a refund becomes available.
B. Extension of existing water mains not otherwise subject to regulation by Chapter
278, Subdivision of Land, of this Municipal Code shall be made upon the order of the Common Council or the Board of Public Works only after said proposed extension has been referred to the Water Utility and the approval of said Water Utility has been obtained.
C. All extensions of water mains shall be placed and
laid along the property to be served in the front yard of said property
and to the farthest property line of said property by the shortest,
most reasonable route approved by the Water Utility. Said extensions
may be laid when, in the opinion of the Council, the Board of Public
Works and the Water Utility, the number of consumers will warrant
the laying of necessary pipes to supply water service. If the water
main is extended for the development of a parcel, the developer of
said parcel shall be responsible for and pay the cost of extending
the water main, except for oversizing, as may be paid for by the City
or Water Utility. The Water Utility shall have the exclusive jurisdiction
to determine the size of the extension, but the Common Council shall
remain vested with the sole power to contract for said extension construction.
The minimum size of water main extension where fire protection is
needed shall be eight inches. The size of other extensions shall be
determined at the discretion of the Water Utility.
D. The expense of such extension shall be paid by the
Water Utility and the same shall be levied as an assessment equivalent
to the lesser of either Water Utility estimate at the time of the
hearing or contract price for such extension of water mains, including
street intersections, all main line valves and such incidental administrative
costs and engineering expenses as are attributable thereto. Such assessment
shall be determined according to the frontage of abutting properties
benefited thereby and located within the area and confines of the
water main extension project, provided that:
(1) Where the cost of extension is to be immediately assessed
against the abutting property, the procedure set forth under § 66.0703,
Wis. Stats., will apply.
(2) Where the City or the Utility is unwilling to make
a special assessment because of low density of prospective consumers
or for some other reason, extensions will be made on a customer-financed
basis as follows:
(a)
Basis for determining contributions from original customer. The applicant (or applicants, pro rata) will advance the amount that would have been assessed under Subsection
D(1) above. The contribution must be paid in advance of construction.
(b)
Additional customers and refunds.
[1]
When additional customers are connected to a water main that was originally financed in part by customers, the Utility will require a contribution from each new customer equal to the existing average contribution. When the amount of customer contribution computed under this subsection is less than would have been assessed under Subsection
D(1) above, the applicant for service shall pay an amount equivalent to the assessment. This amount shall then be refunded pro rata to all contributors along the extension whose remaining contribution still exceeds what would have been assessed under Subsection
D(1) above.
[2]
When refunds have reduced the contribution of
any contributor to the applicable assessment per front foot, no further
refund will be made to that individual. After all refunds have been
made, the remaining premises that may connect will be charged at the
rate per front foot established for the extension.
(c)
Limit of extension. When an extension beyond
an existing extension is required to serve a new customer and the
cost for a customer exceeds the average remaining contribution in
the original extension, then the new extension will be considered
as an entirely new project, without funds or other connection with
the original extension.
(3) When customers connect to a transmission main or connecting loops laid at Utility expense, there will be a contribution of an amount equivalent to the applicable assessment as determined in Subsection
D(1) above.
(4) The development period during which refunds shall
be made will be limited to 20 years.
The Water Utility may enter into contracts relating
to the maintenance, repair, improvement and operation of the Utility.
This power, however, shall be exclusive of contracts involving new
construction. The Water Utility further reserves the right to shut
off the water in the mains temporarily and to make repairs or alterations
to the system. When the circumstances will permit sufficient delay,
the Utility shall give notification by newspaper publication or otherwise
of the interruption of the water supply. No rebate or damages will
be allowed to consumers for the temporary suspension of supply.
No person, unless properly authorized by the
Water Utility, shall tap or make any connection with any street main
or distribution point until first having obtained a permit therefor
from the Water Utility on a form of application to be provided by
the Water Utility. No plumber or his workers shall shut off the water
on any section of the main at any time, this right being expressly
reserved to the Water Utility. No service connection or other attachments
to any of the water mains shall be made except by corporation cock
and in no case less in size than one inch in diameter, and copper
pipe leads shall be connected by what is known as a plumber's flared
connection. Between the water main and the meter on all service leads
of two inches or less, copper type K pipe shall be used, and on all
leads exceeding two inches, a cast-iron three-inch or larger pipe
shall be used, unless otherwise approved by the Utility Manager.
Service lines and laterals extending from the
main to the property line curb stopcock shall be installed at the
time of installation of the water main to eliminate the necessity
for subsequent street openings. The cost thereof shall be levied as
a special assessment against the property served by such lateral at
the same time as the assessment for the installation of the water
mains and shall be classified as "aid to construction."
[Amended 11-1-1988 by Ord. No. 1227(24); 11-7-1989 by Ord. No. 1278(27); 11-18-2003 by Ord. No.
1740(20)]
Water rates shall be established and amended pursuant to Ch.
196, Wis. Stats., Wisconsin Public Service Commission orders, and Common Council approval. All rate schedules shall be available to the public at the office of the City Clerk, at the office of the Department of Public Works, Utility Division, and at the Public Library.
A. Public Fire Protection Service (F-1). The Utility
shall charge the City an annual fee for fire protection service which
shall include the use of hydrants for fire protection service only
and such quantities of water as may be demanded for the purposes of
extinguishing fires within the service area. This service shall also
include water used for testing equipment and training personnel. For
all other purposes, the metered or other rates as may be filed with
the Public Service Commission shall apply. There shall be an additional
annual charge per net hydrant added to the system in excess of the
number of hydrants in existence at the time the fee is determined.
B. Public Fire Protection Service - Suburban (F-2).
(1) Water used for extinguishing fires outside the immediate
service area of the Utility may consist of water supplied to tank
trucks from Utility hydrants; water supplied directly from hydrants
located within the corporate limits or on its borders by means of
those lines; or water supplied to tank trucks from any other Utility
water source.
(2) A record of the measured or estimated volume of water
used shall be submitted to the Utility after each use for fire protection
outside the Utility's immediate service area. If measuring or estimating
is impossible, the Utility Manager shall be furnished such data as
the size of orifice used, pressure and the time water was permitted
to flow in order to determine the volume used.
(3) A charge for the volume of water used for each fire,
either through a tank supply or from hydrants, will be billed to the
township or fire department using water at the rate set forth in the
most recent rate schedule. A service charge, in addition to the water
charge, shall be charged per hydrant used.
C. Private Fire Protection Service - Unmetered (Upf-1).
This service shall consist of unmetered connections to the main for
automatic sprinkler systems, standpipes (where connected permanently
or continuously to the mains) and private hydrants. Quarterly demand
charges for private fire protection service shall be based upon the
size of the connection and billed in the same manner as general service.
D. General Service - Metered (Mg-1).
(1) Quarterly service charge; volume charge. A quarterly
service charge shall be made for each customer according to the size
of the customer's meter. A volume charge shall be made per 100 cubic
feet used each quarter.
(2) Billing. Bills for water service are rendered quarterly and become due and payable upon issuance following the period for which service is rendered. A late payment charge of 1% per month will be added to bills not paid within 20 days of issuance. This late payment charge will be applied to the total unpaid balance for Utility service, including unpaid late payment charges. The late payment charge is applicable to all customers. The Utility customer may be given a written notice that the bill is overdue no sooner than 20 days after the bill is issued. Unless payment or satisfactory arrangement for payment is made within the next 10 days, service may be disconnected pursuant to Ch. PSC 185, Wis. Admin. Code. See also §
304-9B(1).
(3) Combined metering. Volumetric meter readings will
be combined for billing if the Utility, for its own convenience, places
more than one meter on a single water service lateral. Multiple meters
placed for the purpose of identifying water not discharged into the
sanitary sewer are not considered for Utility convenience and shall
not be combined for billing. This requirement does not preclude the
Utility from combining readings when metering configurations support
such an approach. Meter readings from individually metered separate
service laterals shall not be combined for billing purposes.
E. General Service - Suburban (Mg-2).
(1) Quarterly service charge; volume charge. A quarterly
service charge shall be made for each customer outside of the corporate
limits of the City at the rate set forth in Schedule Mg-2, according
to the size of the customer's meter. A volume charge shall be assessed
per 100 cubic feet used each quarter at the rate set forth in Schedule
Mg-2.
(3) Combined metering. See Subsection
D(3).
F. Public Service (Mpa-1).
(1) Water service supplied to municipal buildings, schools,
etc., shall be metered and the regular metered service rates applied.
(2) Water used on an intermittent basis for flushing sewers,
street sprinkling, flooding skating rinks, drinking fountains, etc.,
shall be metered where meters can be set to measure the service. Where
it is impossible to measure the service, the Utility Manager shall
estimate the volume of water used based on the pressure, size of opening
and period of time water is allowed to be drawn.
G. General Water Service - Unmetered (Ug-1).
(1) Rate. Where the Utility cannot immediately install
its water meter, service may be supplied temporarily on an unmetered
basis for single-family residential and small commercial customers
at an approximated volume of 2,500 cubic feet per quarter under Schedule
Mg-1. If it is determined by the Utility that usage is in excess of
2,500 cubic feet per quarter, an additional charge will be made for
the estimated additional usage at the rate set forth in Schedule Mg-1.
H. Bulk Water (BW-1). All bulk water supplied to fill
tank trucks or swimming pools from the water system through hydrants
or other connections shall be metered. Utility personnel shall supervise
the delivery of the water. A service charge, in addition to the volumetric
charge, shall be required, and a deposit for the meter and/or valve
shall be collected and subsequently refunded upon return of the Utility's
equipment. Damaged or lost equipment shall be repaired or replaced
at the customer's expense.
I. Other water charges. The following types of service
shall be charged according to the indicated schedule:
(1) Seasonal, emergency or temporary service: Schedule
Mgt-1.
(2) Building and construction water service: Schedule
Mz-1.
(3) Remote reading register meter attachment: Schedule
Mr-1.
(4) Reconnection charge: Schedule R-1.
(5) Water lateral installation charge: Schedule Cz-1.
(6) Temporary metered supply, meters and deposits: Schedule
D-1.
(7) Hydrant charges: Schedule H-1.
(8) Returned check charge: Schedule OC-1.
J. Operating rules. The Utility shall operate pursuant
to the operating rules in Schedule X-1, water main extension rule
in Schedule X-2, and water main installations in platted subdivisions,
Schedule X-3.
[Amended 10-5-1993 by Ord. No. 1450(20); 10-2-1996 by Ord. No. 1540(15)]
A. Purpose. The purpose of this section is to protect
public health, safety and welfare and to prevent contamination of
groundwater by assuring that unused, unsafe or noncomplying wells,
or wells which may act as conduits for contamination of groundwater,
or wells which may be illegally cross-connected to the municipal water
system, are properly maintained or abandoned.
B. Applicability. This section applies to all wells located
on premises served by the City of Burlington municipal water system.
C. Definitions. As used in this section, the following
terms shall have the meanings indicated:
MUNICIPAL WATER SYSTEM
A community water system owned by a city, village, county,
town, town sanitary district, utility district or a federal, state,
county, or municipal owned institution for congregate care or correction,
or a privately owned water utility serving the foregoing.
NONCOMPLYING
A well or pump installation which does not comply with § NR
812.42, Wis. Admin. Code, Standards for Existing Installations, and
which has not been granted a variance pursuant to § NR 812.43,
Wis. Admin. Code.
PUMP INSTALLATION
The pump and related equipment used for withdrawing water
from a well, including the discharge piping, the underground connections,
pitless adapters, pressure tanks, pits, sampling faucets and well
seals or caps.
UNSAFE
A well or pump installation which produces water which is
bacteriologically contaminated or exceeds the drinking water standards
of § NR 812.06, Wis. Admin. Code, or for which a health
advisory has been issued by the Department of Natural Resources.
UNUSED
A well or pump installation which is not used or does not
have a functional pumping system.
WELL
An excavation or opening into the ground made by digging,
boring, drilling, driving, or other methods for the purpose of obtaining
groundwater for consumption or other use.
WELL ABANDONMENT
The filling and sealing of a well according to the provisions
of § NR 812.26, Wis. Admin. Code.
WATER UTILITY
The City of Burlington Department of Public Works, Utility
Division.
D. Abandonment provided. All wells on premises served
by the municipal water system shall be abandoned in accordance with
the terms of this section and Ch. NR 812, Wis. Admin. Code, no later
than one year from the date of connection to the municipal water system,
unless a well operation permit has been obtained by the well owner
from the City of Burlington.
E. Well operation permit. The Water Utility shall grant
a permit to a well owner to operate a well for a period not to exceed
five years providing the conditions of this section are met. An owner
may renew a well operation permit by submitting information verifying
that the conditions of this section are met. The Water Utility, or
its agents, may conduct inspections or have water quality tests conducted
at the applicant's expense 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 City Clerk. All
initial and renewal applications must be accompanied by a fee, as
determined from time to time by the Common Council.
(1) The well and pump installation shall meet or shall
be upgraded to meet the requirements of § NR 812.42, Wis.
Admin. Code, and have a functional pumping system.
(2) The well construction and pump installation shall
have a history of producing bacteriologically safe water as evidenced
by at least two samples taken a minimum of two weeks apart. No exception
to this condition may be made for unsafe wells, unless the Department
of Natural Resources approves, in writing, the continued use of the
well.
(3) There shall be no cross-connections between the well's
pump installation and the municipal water system.
(4) The proposed use of the well and pump installation
can be justified as reasonable in addition to water provided by the
municipal water system.
F. Abandonment procedures.
(1) All wells abandoned under the jurisdiction of this
section or rule shall be abandoned according to the procedures and
methods of Ch. NR 812, Wis. Admin. Code. All debris, pumps, piping,
unsealed liners and any other obstructions which may interfere with
sealing operations shall be removed prior to abandonment.
(2) The owner of the well, or the owner's agent, shall
notify the Water Utility at least 48 hours prior to commencement of
any well abandonment activities. The abandonment of the well shall
be observed by a representative of the Water Utility.
G. Penalties. 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 municipality may impose a penalty as provided in §
304-14 and cause the well abandonment to be performed and the expense to be assessed as a special tax against the property.
Except as otherwise provided in this chapter, any person who shall violate any provision of this chapter, or any order, rule or regulation made hereunder, shall be subject to a penalty as provided in Chapter
1, §
1-4 of this Municipal Code.