Village of Cottage Grove, WI Part 1 Water and Sewer Utility

[Adopted 7-2-1984 as Ch. 13 of the 1984 Code]

Article I Administration

§ 312-1 Agreement to comply with rules and regulations.

All persons now receiving a water 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 State Public Service Commission.

§ 312-2 Public Service Commission rules adopted.

The following provisions of Chapter PSC 185, Wis. Adm. Code, are adopted by reference and made a part of these rules as if set forth in full. A violation of any of such rules shall constitute a violation of this section and shall be punishable as provided in § 312-10.

185.11	Authorization for and Application of Rules.
185.12	Definitions.
185.13	General Requirements.
185.15	Free or Discriminatory Service Prohibited.
185.16	Protection of Utility Facilities.
185.17	Interference with Public Service Structures.
185.18	Location of Records.
185.19	Retention of Records.
185.21	Schedules to be Filed with the Commission.
185.22	Information Available to Customers.
185.31	Metered Service.
185.32	Meter Readings and Billing Periods.
185.33	Billing.
185.35	Adjustment of Bills.
185.36	Deposits.
185.37	Disconnection and Refusal of Service.
185.38	Deferred Payment Agreement.
185.39	Dispute Procedures.
185.41	Employees Authorized to Enter Customers' Premises.
185.42	Customer Complaints.
185.43	Construction Records.
185.44	Records and Reports of Service Interruptions.
185.45	Pumpage Records.
185.46	Metering Equipment Records.
185.47	Other Records.
185.51	Requirement for Good Engineering Practice.
185.52	Construction Standards.
185.61	Meters.
185.65	Accuracy Requirements for Customer Meters.
185.71	Meter Testing Facilities and Equipment.
185.72	Calibration of Meter Testing Equipment.
185.73	Testing of Customer Meters.
185.74	Test Flows.
185.75	Required Tests of Customer Meters.
185.76	Periodic Tests.
185.77	Complaint Tests.
185.78	Referee Tests.
185.79	Testing of Metering Installations Having Remote Registers.
185.795	Jumpering Meter Settings.
185.81	Quality of Water.
185.815	Adequacy of Water Supply.
185.82	Pressure Standards.
185.83	Station Meters.
185.84	Emergency Operation.
185.85	System Losses.
185.86	Flushing Mains.
185.87	Operation of Distribution System Valves and Hydrants.
185.88	Interruptions of Service.
185.89	Thawing Frozen Services.

§ 312-3 Utility Commission.

[Amended 4-20-1987]

A. Composition. The Commission shall be comprised of one Village Board member and four citizen members.

[Amended 5-20-1991]

B. Appointments.

(1) Village Board member. The Village Board member of the Commission shall be appointed by the Village President subject to confirmation by the Village Board. The Board member shall serve for a two-year term commencing May 1 or until his/her successor is appointed and confirmed by the Board. Only one member of the Village Board shall be a member of the Utility Commission at any one time.

(2) Citizen members. The citizen members of the Commission shall be appointed by the Village President subject to confirmation by the Village Board. The citizen members shall serve for two-year terms commencing May 1 or until their successors are appointed and confirmed by the Board. The term of the new citizen member appointed pursuant to the May 1991 ordinance change shall be for one year. Subsequent terms are to be staggered so not more than two such appointments are made annually.

[Amended 5-20-1991]

C. Duties and responsibilities.

(1) The Utility Commission shall be organized and function in accordance with the provisions of Chapter 196 of the Wisconsin Statutes, under existing ordinances, rules, policies and regulations of the Cottage Grove Utility Commission as of the date of adoption hereof, and any and all applicable state or local laws or regulations pertaining to the operations of water and sewer utilities.

(2) The express purpose of this section is to create a Commission to independently operate the Village Water and Sewer Utility as empowered and regulated by state laws and to perform its functions separately from the Village Board and to be directly answerable to the Village Board as well as the State of Wisconsin.

(3) The Utility Commission shall have the power to determine an emergency exists pursuant to s. 62.15(1b), Wis. Stats., for bidding purposes.

Article II Regulations

§ 312-4 Compulsory connection to water system.

A. Notice to connect. Whenever the public water system becomes available to any public, commercial, mercantile or business building or any building used for human habitation, the Plumbing Inspector shall notify in writing the owner, agent or occupant thereof to connect thereto all facilities required by the Plumbing Inspector. If the person to whom notice has been given fails to comply within 10 days after notice, the Plumbing Inspector shall cause the necessary connections to be made, and the expense thereof shall be assessed as a special tax against the property pursuant to s. 281.45, Wis. Stats.

[Amended 3-19-2001 by Ord. No. 01-2001]

B. Deferred payment. The owner or his or her agent or the occupant may, within 30 days after the completion of the work, file a written option with the Village Treasurer electing to pay the amount of the assessment in five equal annual installments with interest on the unpaid balance at .5% over the Village's rate of interest per year.

C. Privies and waterless toilets prohibited. After connection of any building to a sewer main hereunder, no privy or waterless toilet shall be used in connection with such building.

§ 312-5 Cross-connection control.

A. Cross-connection defined. Any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the Village water system and the other water from a private 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.

B. Cross-connections prohibited. 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 Water and Sewer Utility and the Wisconsin Department of Natural Resources in accordance with Section NR 111.25(3), Wis. Adm. Code.

C. The Water Utility may inspect, or arrange for an inspection of, property served by the public water system for cross connections. The frequency of inspections shall be established by the Water Utility, approved by the Wisconsin Department of Natural Resources and in accordance with Wisconsin Administrative Code. Any unprotected cross-connection identified by the inspection shall be promptly corrected. Failure to promptly correct an unprotected cross-connection shall be sufficient cause for the Water Utility to discontinue water service to the property, as provided by this chapter.

[Amended 8-19-2019 by Ord. No. 07-2019]

D. Right of entry. No person shall refuse entry to any representative of the Water Utility upon presentation of credentials at any reasonable time to examine for cross-connections any property served by a connection to the public water system of the Village. If entry is refused, the representative shall obtain a special inspection warrant under § 66.122, 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 systems on such property.

[Added 6-2-1986; 8-19-2019 by Ord. No. 07-2019]

E. Discontinuation of service.

[Amended 8-19-2019 by Ord. No. 07-2019]

(1) Authorized. The Water Utility is authorized and directed to discontinue water service to any properly 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.

(2) Notice required. Water service shall be discontinued only after reasonable notice and opportunity for hearing under Ch. 68, Wis. Stats., except as provided in Subsection E(3). Water service to such property shall not be restored until the cross-connection has been eliminated in compliance with the provisions of this section.

(3) Service may be discontinued if a cross-connection or an emergency endangers public health, safety or welfare and requires immediate action and a written finding to that effect is filed with the Village Clerk and delivered to the customer's premises. The customer shall have an opportunity for hearing under Ch. 68, Wis. Stats., within 10 days of such emergency discontinuance.[1]

[1] Editor’s Note: Former Subsection F, Discontinuation of service, which immediately followed, was repealed 8-19-2019 by Ord. No. 07-2019.

§ 312-6 Private wells.

A. Purpose. The purpose of this section is to prevent unused 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. Application. All private wells located on any premises which is served by the public water system of the Village shall be properly filled. Only those wells for which a well operation permit has been granted by the Village Clerk may be exempted from this requirement, subject to conditions of maintenance and operation.

C. Well operation permits. Application for a well operation permit shall be made on forms provided by the Village Clerk. A permit may be granted to a well owner to operate a well for a period not to exceed one year if the following requirements are met:

(1) The well and pump installation meet the requirements of Chapter NR 112, 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.

(3) The proposed use of the well can be justified 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.

D. Abandoned wells to be filled. Wells to be abandoned shall be filled according to the procedures outlined in Chapter NR 112, Wis. Adm. Code. The pump and piping must be removed and the well checked for obstructions prior to plugging. Any obstruction or liner must be removed.

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. Such forms are available at the office of the Village Clerk. The report shall be submitted immediately upon completion of the filling of the well. The filling must be observed by a representative of the Village.

§ 312-7 Limits on liability for sewer system operation; restrictions on use.

A. Liability. The user of the Village sewerage system does so at his or her own risk. The Village is not responsible for any damage caused by failure of the system to convey sewage from the premises.

B. Backflow or backwater valves. Building drains subject to backflow or backwater at the time of installation shall be provided with adequate backwater valve, installed to prevent interference with the flow and be readily accessible for cleaning. It is the responsibility of the Village Plumbing Inspector to enforce this provision. It is the responsibility of the user of the Village sewerage system to install adequate backwater protection at such time as the building drain becomes subject to backflow.

C. Groundwater discharge. The connection of basement drains, sump pump drains, drain tile or any other drain system the purpose of which is to alleviate a groundwater condition or which may contribute groundwater at any time of the year to the Village sewerage system is prohibited.

D. Unpolluted water discharge. Unpolluted water, including but not limited to cooling water, boiler blowdown, swimming pool backwash or drain, shall not be discharged into the Village sewerage system.

§ 312-8 Operation of valves and hydrants; unauthorized use of water.

No person shall, without authority of the Superintendent, allow contractors, masons or other unauthorized persons to take water from his premises, operate any valve connected with the street or supply mains or open any fire hydrant connected with the distribution system, except for the purpose of extinguishing fire, or shall wantonly injure or impair the same. Permits for the use of hydrants for filling sprinkling carts apply only to such hydrants as are designated for such use.

§ 312-9 Restrictions on water use.

No person serviced by the Village Water Utility shall sprinkle or permit or allow the sprinkling of any lawn, garden or premises with water provided by the Village Water Utility except in accordance with a schedule to be issued by the Village President.

A. Power of Village President. The Village President shall have the power to issue an emergency declaration regulating the use of water for sprinkling lawns or gardens in the Village. These regulations may be in the form of a ban during certain hours of the day or certain days of the week or an absolute ban on all sprinkling. Before declaring any such regulations, the Village President shall first consult with the operator of the Water Utility to determine the abilities of the Utility to supply an adequate supply of water for the Village residents. Said regulations shall be effective until removed as provided herein.

B. Notice. The commencement of any regulations regarding sprinkling and the removal of such regulations shall be by notice posted in three public places in the Village. The regulations shall be effective immediately upon posting. When no regulations are in effect, sprinkling may be done at any reasonable time.

C. Permits. Any person who feels himself or herself aggrieved by such regulations may apply to the Village President for a permit to be exempt from such regulations. No formal notice or hearing shall be necessary for such a permit. Such permit shall be issued only if such regulations cause an unnecessary hardship. A permit shall be issued where new sod or seeding of lawns has been completed within two weeks prior to such regulations. Such permit shall specify the hours during which sprinkling will be permitted, the length of time during which the permit is valid and the property for which the permit is issued. The permit shall be posted on the property where such sprinkling is taking place. Any person whose application for permit is rejected by the Village President may apply to the Village Board for a permit at its next regular meeting.

§ 312-10 Violations and penalties.

Any person who shall violate any provision of this Part 1 or any regulation, rule or order made hereunder shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-19 of this Code.