[HISTORY: Adopted by the Common Council of the City of Hudson by Ord. No. 1-81 as Ch. 5, Secs. 5.01 through 5.14 of the 1981 Code. Amendments noted where applicable.]
[Amended by Ord. No. 15-97; 5-1-2000 by Ord. No. 9-00; 8-1-2016 by Ord. No. 19-16]
Creation. Pursuant to W.S.A. § 66.0805(6), there is hereby created a Utility Commission for the City, the members of which shall be selected upon a nonpartisan basis.
Appointment. The Utility Commission shall consist of seven members appointed by the Mayor and subject to the approval of the governing body for three-year terms, with the terms so staggered that no more than two members are appointed each year. One member of the Common Council shall be appointed to the Utility Commission. The Common Council member of the Utility Commission shall resign his/her position on the Utility Commission if that member ceases to be a member of the Common Council. One member of the Utility Commission shall be a representative of the Village of North Hudson. The Village Board shall recommend its representative to the Common Council for appointment; however, the Village representative shall not be eligible to serve as an officer of the Utility Commission nor as a representative to the Plan Commission.
Organization. As soon as possible after their appointment and annually thereafter, the members of the Utility Commission shall organize by choosing from among their members a Chairperson and a Vice Chairperson. All members of the Commission shall receive compensation as may be set by the Common Council.
Eligibility. No person shall be eligible to be a member of the Utility Commission or to hold any office or position with such Commission who, directly or indirectly, has any pecuniary interest in any contract for furnishing heat, light, water or other public service to or for the City or the citizens thereof or who is a stockholder in any corporation which has any such contract. Any such office or position shall become vacant upon the acquiring of any such interest.
Management of Utility. Subject to the general control and supervision of the Common Council, the Utility Commission shall take entire charge and management of the Utility of the City and shall supervise the operation of the utilities. General control and supervision by the Council shall include, but not be limited to, review and approval by the Common Council of:
The annual operating and capital budgets of the utilities;
Capital expenditures, construction, extensions, and improvements that exceed the approved annual operating and capital budgets;
Public improvement construction contracts, water tower land lease agreements and other similar capital or long term contracts; and
Rules; employees. The Commission shall make rules for its own proceedings and for the government of its departments. It shall appoint a Utility Director, subject to Common Council approval and engage the necessary employees and fix their compensation within the limits established by the Common Council. The Public Utility Department shall be subject to the City's personnel policy, procurement policy, and other City policies of general application.
Use of City officers. The Commission, when necessary, may utilize the services of the City Engineer, City Attorney, City Clerk, City Finance Officer, Public Works Superintendent and other officials and employees of the City upon such basis as shall be mutually agreed to or as determined by the Common Council. In such case, the general fund of the City shall be reimbursed by the Commission for the pro rata cost of such services.
General powers. The Commission shall have such general powers in the construction, extension, improvement and operation of the utilities as shall be designated by the Common Council.
Books of account. The Utility Commission shall keep separate funds and separate books of account for the Wastewater Utility and the Water Utility. The books of account for the Water Utility shall be kept in the manner and form prescribed for water utilities of its class by the Public Service Commission. Such books of account shall be open to the public.
Utility funds. No funds of such utility shall be transferred to the Finance Officer for the use of the City, except in accordance with W.S.A. § 66.0811(3). Any excess funds accumulated by such utility, unless deposited pursuant to law, and all funds in depreciation of retirement reserves may be invested pursuant to W.S.A. §§ 66.0811(2) and 66.0603(1g), (1m), (2) and (3).
Expenditures. All expenditures of the utility shall be audited and approved by the Utility Commission. All expenditures must be authorized by the Chairperson and Vice Chairperson of the Utility Commission and, upon such approval, shall be paid by the Finance Officer.
Generally. The rates, charges and regulations for the service of the municipal water system shall be as set forth as ordered by the Public Service Commission and are hereby adopted, approved, ratified and confirmed and made a part of this chapter. The Clerk shall maintain a true and correct copy of such order on file in the Clerk's office and open to public inspection by all persons affected thereby.
[Amended by Ord. No. 26-91; Ord. No. 10-96; 5-1-2000 by Ord. No. 9-00]
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 Public Service Commission.
Public Service Commission rules adopted. The following provisions of Chapter PSC 185, Wisconsin Administrative Code, are adopted by reference and made a part of these rules as if set forth in full. A violation of any such rules shall constitute a violation of this section and shall be punishable as provided in Chapter 1, § 1-18 of this Code.
[Amended 5-1-2000 by Ord. No. 9-00]
[Amended by Ord. No. 25-91; 5-1-2000 by Ord. No. 9-00]
No water shall be sold or furnished by the City to any area outside the city, except such areas as have heretofore been purchasing water from the city, which areas include the Village of North Hudson.
The Water Utility shall provide for the introduction of approximately one to 1.5 parts of fluoride to every 1,000,000 parts of water being distributed in the water supply system of the city.
When a parcel of property presently served with a water service no longer requires such service, as determined with the Water Utility Director, it shall be the obligation of the property owner to terminate the service, at his expense, at the water main under supervision of the Water Utility Director.
The Utility Commission shall determine water main size based upon district requirements and shall further decide the size that constitutes oversizing.
[Amended 5-1-2000 by Ord. No. 9-00]
Any contractor, mason or person who shall, without authority of the Water Utility Director, take water from any premises, operate any valve connected with the street or supply mains or open any fire hydrant connected with the distribution system, except to extinguish fire, or who shall wantonly injure or impair the same shall be subject to a forfeiture as provided in Chapter 1, § 1-18 of this Municipal Code. Permits for the use of hydrants apply only to such hydrants designated by the Water Utility Director for such use.
[Added by Ord. No. 8-96]
The installation of a water meter shall meet the requirements of this section, and a water meter shall not be installed prior to receiving a permit approved by the Water Utility Director. Permit application forms shall be maintained by the Water Utility Director.
Installation of the water meter, remote and remote wire, raising the curb box to finished grade, turning on the water and flushing of the lines shall be the responsibility of a plumber duly licensed and registered according to W.S.A. Ch. 145. The meter setting shall be provided as follows:
Meter settings shall be located in the utility, laundry or furnace room and in every case shall be located no more than eight feet from the nearest floor drain unless there is prior approval from the Water Utility Director.
The setting shall be installed to provide that the meter be between six and 12 inches from the wall and between 18 and 36 inches from the finished floor.
The water meter shall have full accessibility, with a clear space of three feet in all directions, except as noted in Subsection A(2) above.
Each meter setting shall be provided with a ball valve on the street side and the house side of the meters. Such valves shall be well protected from freezing. Meters one inch and larger shall be provided with ball valve, valved bypass (one nominal size less than inlet) and ball valve and valved drain outlet with iron pipe threads (plugged one nominal size less than inlet). This tee and ball valve shall be installed between the meter outlet and the meter outlet ball valve.
Meter setting shall be accomplished with brass mechanical joint ahead of the inlet ball valve.
A meter interface unit (MIU) shall be securely installed on the exterior surface of the wall closest to the water meter. A single RJ11 telephone jack receptacle shall also be installed on the exterior surface of the wall within 18 inches of the MIU. This jack receptacle shall be wired into the existing active telephone circuit. The water meter encoded register (ECR) shall be connected to the MIU with three-wire-conductor-type wire as specified by the Water Utility. The MIU shall be connected to the telephone jack with telephone wire and an RJ11 jack plug. All wires shall be secured by use of wire ties or clips.
Remote reading devices. Remote touch pads shall be installed in the area of other utility meters three or four feet above finished ground level on the finished exterior wall. Typically, the remote shall be installed on a side wall within 12 feet of the front line of the building. In no case shall the remote be allowed on the front or rear of the building without prior permission from the Water Utility. The wire to the remote may not be exposed on the exterior wall. The wire must be of the three-wire-conductor type as specified by the Water Utility, with two of the wires being connected to the touch pad from the MIU.
The Water Utility shall be notified when the meter setting is complete, at which time the Water Utility will inspect and approve the installation, seal the water meter and program the MIU.
[Added by Ord. No. 9-81; amended 5-1-2000 by Ord. No. 9-00; 9-17-2012 by Ord. No. 11-12]
Chapter NR 811.13, Wisconsin Administrative Code, directs suppliers of water for municipal water systems to require the abandonment of all unused, unsafe or noncomplying wells located on the premises served by their system, and to provide a permit system to allow retention of safe and code complying wells, by local ordinance or water utility rule, to eliminate sources of unsafe water and to prevent such wells from becoming channels for vertical movement of contaminated water and to eliminate all existing cross-connections and prevent all future cross-connections. To that end the City Council of the City of Hudson, St. Croix County, Wisconsin, does ordain as follows.
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.
Applicability. This section applies to all wells located on premises served by the Hudson Water Utility, municipal 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 purpose stated in Subsection A above.
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, public inland lake and rehabilitation district, municipal water district or a federal, state, county, or municipal owned institution for congregate care or correction, or a privately owned water utility serving the foregoing.
- A well or pump installation which does not comply with § NR 812.42, Wisconsin Administrative Code, Standards for Existing Installations, and which has not been granted a variance pursuant to § NR 812.43, Wisconsin Administrative 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 WELL OR PUMP INSTALLATION
- One which produces water which is bacteriologically contaminated or contaminated with substances which exceed the drinking water standards of Chs. NR 140 or 809, Wisconsin Administrative Code, or for which a health advisory has been issued by the Department of Natural Resources.
- UNUSED WELL OR PUMP INSTALLATION
- One which is not used or does not have a functional pumping system.
- A drillhole or other excavation or opening deeper than it is wide that extends more than 10 feet below the ground surface constructed for the purpose of obtaining groundwater.
- WELL ABANDONMENT
- The proper filling and sealing of a well according to the provisions of § NR 812.26, Wisconsin Administrative Code.
Abandonment required. All wells on premises served by the municipal water system shall be properly abandoned in accordance with Subsection F of this section by December 31, 2012, or not later than 90 days 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 Hudson Water Utility under terms of Subsection E of this section.
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 90 days after connection to the municipal water system. The Hudson Water Utility shall grant a permit to a well owner to operate a well for a period not to exceed five 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 Hudson Water Utility, or its agent, may conduct inspections and water quality tests or require inspections and water quality tests to be 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 Clerk/Hudson Utilities. All initial and renewal applications must be accompanied by a fee approved by the Hudson Public Utilities Commission, to cover the cost of inspections and administration.
[Amended 4-11-2016 by Ord. No. 7-16]
The following conditions must be met for issuance or renewal of a well operation permit:
The well and pump installation shall meet the Standards for Existing Installations described in § NR 812.42, Wisconsin Administrative Code.
The well and pump shall have a history of producing safe water evidenced by at least one coli form bacteria sample. In areas where the Department of Natural Resources has determined that groundwater aquifers are contaminated with substances other than bacteria, additional chemical tests may be required to document the safety of the water.
There shall be no cross-connections between the well's pump installation or distribution piping and the municipal water system.
That the well and pump system be evaluated by a licensed well driller or pump installer and certified to comply with Ch. NR 812, Subch. IV, prior to issuing the initial permit and no less than every 10 years afterwards.
The water from the private well shall not discharge into a drain leading directly to a public sewer utility unless properly metered or authorized for a flat rate fee structure established by the sewer utility.
The private well shall have a functional pumping system.
The proposed use of the private well shall be justified as reasonable in addition to water provided by the municipal water system.
All wells abandoned under the jurisdiction of this section shall be done according to the procedures and methods of § NR 812.26, Wisconsin Administrative Code. All debris, pumps, piping, unsealed liners and any other obstructions which may interfere with sealing operations shall be removed prior to abandonment.
The owner of the well, or the owner's agent, is required to obtain a well abandonment permit prior to any well abandonment, and shall notify the clerk at least 48 hours in advance of any well abandonment activities. The abandonment of the well may be observed or verified by personnel of the municipal system.
An abandonment report form, supplied by the Department of Natural Resources, shall be submitted by the well owner to the Clerk and the Department of Natural Resources within 30 days of the completion of the well abandonment.
Penalties. Any well owner violating any provision of this section shall upon conviction be punished by forfeiture of not less than $100 nor more than $1,000 and 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 municipality may impose a penalty and cause the well abandonment to be performed and the expense to be assessed as a special tax against the property.
[Added by Ord. No. 8-81; amended 5-1-2000 by Ord. No. 9-00; 11-7-2011 by Ord. No. 19-11; 9-17-2012 by Ord. No. 12-12]
Purpose. The purpose of this section is to:
Protect the health and welfare of users of the public potable water supply of the Hudson Water Utility from the possibility of contamination or pollution of the potable water system(s) under the direct authority of the Hudson Water Utility.
Promote the control and/or elimination of existing cross-connections (actual or potential) between the customer's potable water system(s) and other environment(s) containing substance(s) which may contaminate or pollute the water supply.
Provide for the maintenance of a continuing comprehensive program of cross-connection control which will systematically and effectively prevent the contamination or pollution of all potable water system(s) under the direct authority of the Hudson Water Utility.
Definitions. As used in this section, the following terms have the following meanings:
- The undesirable flow of water or mixtures of water and other liquids, solids, gases or other substances under positive or reduced pressure into the Hudson Water Utility potable supply of water from any source.
- BACKFLOW PREVENTION
- A means designed to prevent backflow caused by back pressure or backsiphonage; most commonly categorized as air gap, reduced pressure principle backflow assembly, double-check valve assembly, pressure vacuum breaker assembly, backsiphonage backflow vacuum breaker (spill-resistant pressure vacuum breaker) assembly, pipe applied atmospheric vacuum breaker, flush tank ballcock, laboratory faucet backflow preventer, backflow preventer for carbonated beverage machine, vacuum breaker wall hydrants, (freeze-resistant automatic draining type), chemical-dispensing machine, hose-connection vacuum breaker, hose-connection backflow preventer, backflow preventer with intermediate atmospheric vent and barometric loop.
- BACK PRESSURE
- An elevation of pressure in the downstream piping system (i.e., pump, elevation of piping, or steam and/or air pressure) above the utility supply pressure, which would cause or tend a reversal of the normal direction of flow.
- The flow of water or other liquids, mixtures or substances into the utility's potable water system from any source caused by the sudden reduction of pressure in the utility's potable water supply system.
- Any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the utility, and the other containing 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.
- CROSS-CONNECTION CONTROL MANUAL
- Policies and procedures for cross-connection control and backflow prevention for the Hudson Water Utility, Hudson, Wisconsin.
- THE UTILITY
- The Hudson Water Utility Department of the City of Hudson, Wisconsin.
Cross-connection 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 public water supply of the utility, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply have been approved by the utility and the Wisconsin Department of Natural Resources.
Responsibility. The Hudson Water Utility shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to backflow of contaminants or pollutants. The utility shall charge fees according to the utility's "Cross Connection Control Manual" for maintaining a comprehensive cross-connection control protection plan.
The property owner shall be responsible for the protection of the customer's potable water system. The responsibilities include the elimination of or protection from all cross-connections on its premises. The owner shall, at its own expense, install, maintain and test any and all backflow preventers on its premises in compliance with the Department of Safety and Professional Services Code SPS 382.21 requirements and the utility's "Cross Connection Control Manual." The property owner shall have corrected any malfunction revealed by periodic testing of any backflow preventer on its premises. The property owner shall inform the utility of any proposed or modified cross-connections and also any existing cross-connections that are not protected by an approved backflow prevention means.
The property owner shall not install a bypass around any backflow preventer unless there is a backflow preventer of the same type in the bypass. Property owners who cannot shut down operation for testing of the backflow prevention assembly must supply additional assemblies necessary to allow testing and maintenance to take place. In the event the property owner installs potable water using fixtures, equipment or appurtenances upstream of a backflow preventer, such must have its own approved backflow prevention means.
The property owner is required to follow the protection practices described in the American Water Works Association publication AWWA M-14 titled "Recommended Backflow Prevention and Cross Connection Control," United States Environmental Protection Agency publication titled "Cross Connection Control Manual," Wisconsin Department of Safety and Professional Services, SPS 382-384, and the utility's "Cross Connection Control Manual," unless the utility requires or authorizes other means of protecting the potable water supply system. These requirements or authorizations will be at the discretion of the utility.
Inspections. It shall be the duty of the utility to cause surveys to be made of all properties serviced by the utility where cross-connection with the public water system is deemed possible. Residential properties serviced by the utility shall be surveyed on a ten-year interval. The utility may, but is not required to, perform the cross-connection survey of the customer's property. All nonresidential properties serviced by the utility shall be surveyed on an interval not exceeding two years. The frequency of required surveys and resurveys, based upon the potential health hazards, may be shortened by the utility. If, in the opinion of the utility, the utility is not able to perform the survey, the property owner must, at its own expense, have the water system piping surveyed for cross-connections by a person who has been properly trained in accordance with the American Society of Sanitary Engineers (ASSE) Standard Number 5120 as a cross-connection control surveyor. The utility shall charge fees as approved by the State of Wisconsin Public Service Commission for on-premises follow-up visits by utility personnel for reinspection due to customer noncompliance and for after-hours inspections or reinspections.
Right of entry. Upon presentation of credentials, a representative of the water utility shall have the right to request entry, at any reasonable time upon notification to the owner or its representative of a property served by a connection to the public water system for the purpose of inspecting the property for cross-connections. Refusing entry to such utility representative shall be sufficient cause for the water utility to discontinue water service to the property, as provided under Subsection H of this section. If entry is refused by the owner or its representative, a special inspection warrant under § 66.0119 of the Wisconsin Statutes, may be obtained, and all costs incurred of such may be assessed to the owner of the property.
Authority to discontinue 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 damage of contamination of the potable water system. Water service shall be discontinued if the means of backflow prevention required by the utility is not installed, tested, maintained and/or repaired in compliance with this section, the Department of Safety and Professional Services Code SPS 382-384 and the utility's "Cross Connection Control Manual," or if it is found that the means of backflow prevention required by this section has been removed or bypassed. Water service shall be discontinued only after reasonable notice and opportunity for hearing under Chapter 68, Wisconsin Statutes, except as provided in Subsection J of this section.
Reconnection of service. Water service to any property disconnected under provisions of this section shall not be restored until the cross-connection(s) has been eliminated or a backflow prevention means approved by the utility has been installed in compliance with the provisions of this section. The utility shall charge fees as approved by the State of Wisconsin Public Service Commission for the reconnection of the water service.
Emergency discontinuance of service. If it is determined by the utility that a cross-connection or an emergency endangers public health safety or welfare and requires immediate action, service may be immediately discontinued. The owner, lessee or occupant shall have an opportunity for hearing under Chapter 68, Wisconsin Statutes, within 10 days of such emergency discontinuance. Such hearing shall be before the Hudson Water Utility Committee and shall conform to all existing due process requirements.
Additional protection. In the case of premises having a) cross-connections that cannot be permanently corrected or controlled; or b) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for surveying purposes, making it impractical or impossible to ascertain whether or not dangerous cross-connections exist, the public water supply system shall be protected in the service line. In the case of any premises where there is any material dangerous to health that is handled in such a manner that, in the opinion of the utility, could create an actual or potential hazard to the public water supply system, an approved air gap separation or an approved reduced pressure principle backflow assembly shall protect the public water supply system. Examples of premises where these conditions will exist include premises with auxiliary water supplies either interconnected or not interconnected with the public water supply system, premises where inspection is restricted, hospitals, mortuaries, clinics, laboratories, piers, docks, and other waterfront facilities, sewage treatment plants, sewage lift stations, food and beverage processing plants, chemical plants using a water process, metal processing plants or nuclear reactors, car washing facilities and premises with reclaimed water systems. In the case of any presence of toxic substances, the utility may require an approved air gap or reduced pressure principle backflow assembly at the service connection to protect the public water supply system. This requirement will be at the discretion of the utility.
Public water supplies. This section does not supersede the State of Wisconsin Department of Natural Resources Administrative Code NR 810, but is supplementary to it.
Plumbing Code. The City of Hudson Public Utility Commission adopts by reference the Wisconsin Safety and Professional Services being Chapter SPS 382-384, Wisconsin Administrative Code. This section does not supersede the Wisconsin Uniform Plumbing Code and/or the Hudson Plumbing Ordinance, but is supplementary to it.
Conflicting ordinances. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed.
[Added 5-6-2002 by Ord. No. 3-02]
Authority to issue water conservation measures. The Mayor, Public Utilities Commission President, and the Water Utility Director are hereby authorized to jointly issue an executive order establishing water usage restrictions for the purpose of conserving water. The order shall establish the type (as described in Subsection C) and the duration of the water usage restrictions. The duration may be a specified period of time or may simply be "until further public notice."
Public notice of the restrictions. When a water usage restriction order is issued under Subsection A, public notice of said restrictions shall be published by a Class 2 notice in the Hudson Star Observer and posted in three public places in the City of Hudson.
Water use restrictions.
Level I water use restrictions shall be as follows:
Watering allowed using sprinklers or irrigation systems for even addresses on even dates and for odd addresses on odd dates between the hours of 7:00 p.m. and 7:00 an. Irrigation systems that encompass both an even and odd address shall operate every other day.
Watering allowed on new lawns (seed or sod) any day between the hours of 7:00 p.m. and 7:00 a.m.
No watering of hard surfaces (i.e., streets, sidewalks, and driveways) that causes water to run into gutter as the result of poorly maintained sprinklers or an unattended hose.
No watering during precipitation.
Level II water use restrictions shall be as follows:
No watering allowed using sprinklers or irrigation systems.
Water use allowed anytime an attended hand-held hose is utilized.
Watering allowed on new lawns (seed or sod) by a fifteen-day permit issued by the Office of the Water Utility.
No watering of hard surfaces (i.e., streets, sidewalks, and driveways) that causes water to run into gutter as the result of an unattended hose.
No watering during precipitation.
Enforcement. This section may be enforced by citations or by any other method authorized by law.