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City of Nekoosa, WI
Wood County
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The Nekoosa Water Utility shall be managed by the Board of Public Works under the general direction of the Council.
(1) 
General. The rates and rules and regulations governing the operation of the Nekoosa Water Utility shall be those on file with and approved by the Wisconsin Public Service Commission. A violation of any such rules and regulations shall be a violation of this article.
(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 Ch. PSC 185, Wis. Adm. Code, 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 section and shall be punishable as provided in § 13.15 of this article.
[Amended by Ord. No. 522; 2-14-2012 by Ord. No. 560]
(1) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CROSS-CONNECTION
Any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the City of Nekoosa's public water system, and the other of which contains 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, with the direction of flow depending on the pressure differential between the two systems.
(2) 
Unprotected cross-connections prohibited. No person, firm, or corporation may establish or maintain, or permit to be established or maintained, any unprotected cross-connection. Cross-connections shall be protected as required in Ch. SPS 382, Wis. Adm. Code.
(3) 
Inspection. The Water Utility may inspect, or arrange for an inspection of, property served by the public water system for cross-connections. As an alternative, the Water Utility may require a person, firm, or corporation who owns, leases, or occupies property to have their plumbing inspected, at their own expense, by a State of Wisconsin certified cross-connection inspector/surveyor. The frequency of inspections shall be established by the Water Utility in accordance with the Wisconsin Administrative Code. Any unprotected cross-connections 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 under Subsection (6) of this section.
(4) 
Right of entry. Upon presentation of credentials, a representative of the Water Utility shall have the right to request entry, at any reasonable time, to 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 (6) of this section. If entry is refused, a special inspection warrant under § 66.0119, Wis. Stats., may be obtained.
(5) 
Provision of requested information. The Water Utility may request an owner, lessee, or occupant of property served by a connection to the public water system to furnish the Water Utility with pertinent information regarding the piping systems on the property. Refusing to provide requested information shall be sufficient cause for the Water Utility to discontinue water service to the property, as provided under Subsection (6) of this section.
(6) 
Discontinuation of water for violation. The Water Utility may discontinue water service to any property wherein any unprotected connection in violation of this section exists and take other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service may be discontinued, however, only after reasonable notice and opportunity for hearing under Ch. 68, Wis. Stats., except as provided in Subsection (7) of this section. Water service to such property shall not be restored until the unprotected cross-connection has been eliminated.
(7) 
Emergency discontinuance. If it is determined by the Water Utility that an unprotected cross-connection or emergency endangers public health, safety, or welfare and requires immediate action, and if a written finding to that effect is filed with the City Clerk and delivered to the customer's premises, water service may be immediately discontinued. The customer shall have an opportunity for hearing under Ch. 68, Wis. Stats., within 10 days of such emergency discontinuance. Water service to such property shall not be restored until the unprotected cross-connection has been eliminated.
Approximately one to 1.5 parts of fluoride to every million parts of water, by distribution, shall be introduced into the City's water supply.
The Director of Public Works is hereby authorized to disconnect water service for nonpayment of water service charges, pursuant to § PSC 185.37, Wis. Adm. Code.
[Added 12-13-2016 by Ord. No. 588]
(1) 
The purpose of this section is to establish guidelines which are to be followed in a uniform manner, exercised consistently, and in accordance with the rules of the Ch. PSC 185, Wis. Adm. Code.
(2) 
Payments are due 20 calendar days from the date of billing. For example, a billing issued on June 1 is due on June 20.
(3) 
After five days past the due date, the following shall occur:
(a) 
Written disconnection notices.
1. 
A written notice, requiring a response within 10 days, is sent to the resident or landlord/tenant of the delinquency and payment plan options. (The City will collect 50% of the outstanding amount immediately and set up installments to result in full prior to the fifth day of the next month or you will be subject to disconnection.)
(b) 
Door notices.
1. 
Upon 10 days without a response to Subsection (3)(a)1 above, a letter will be placed on the door giving notice that disconnection will take place in 48 hours. Inability to contact, or a failure to respond within this period, will advance the collection into an immediate phase of "disconnection." To avoid disconnection, the City will collect 50% of the outstanding amount immediately and set up installments to result in full payment prior to the fifth day of the next month.
2. 
Any default of an installment payment agreement on the part of the customer or responsible party(s) will advance any delinquent balance into the disconnection phase. (A default may also provide a basis for the City to not offer a deferred payment plan to the defaulting party in the future).
(c) 
Disconnection.
1. 
The utility billing clerk shall provide the Department of Public Works (DPW) a listing of "disconnects" to be addressed on a timely basis.
2. 
The DPW will alert the Police Department in advance of disconnections so that they may assist, as necessary.
3. 
The DPW staff will not enter into further negotiations with a resident, tenant, or landlord on the payment of any amount, nor shall DPW collect any monies in full or partial settlement of a delinquent account. Matters of this nature will be referred to the utility billing clerk.
4. 
Once on the scene of a disconnection function, DPW personnel will proceed as planned; DPW staff will confirm this with utility billing clerk through the most appropriate manner of communication available at the time prior to taking any action.
5. 
Disconnections will take place on Tuesdays, Wednesdays, or Thursdays of the scheduled week. No disconnections will be made from November 15 to March 15.
(4) 
Reconnection.
(a) 
Once a disconnection takes place, the resident or current tenant must pay the appropriate fee in order to be reconnected (100% of outstanding charges plus a reconnection fee of $40). All requests for reconnection must be made prior to 3:00 p.m. as the DPW workday ends at 3:30 p.m. By request, after normal business hours the reconnection fee will be $75.
(5) 
Continued occupancy during a disconnection period.
(a) 
If the disconnected residence remains occupied for a period of three days, the DPW will refer the matter to the Nekoosa Police/Code Enforcement Officer. Should the Nekoosa Police/Code Enforcement Officer determine that the residence is uninhabitable because it has no water and sewer service, the residence may be placarded which will involve restrictive use for occupancy until the delinquency is resolved. If the issue is not resolved, the Nekoosa Police/Code Enforcement Officer will give notice to the Wood County Health Department.
(b) 
The landlord is ultimately responsible for his/her rental units. Every effort is being made by the City to collect from the tenant and keep the landlord informed of action being taken. Landlords are encouraged to protect their own interests in a manner they see fit for each situation. It is not the City's responsibility to dictate to landlords how they should deal with their tenants.
(c) 
A tenant with a balance due who is vacating a premise will not be allowed utility services at another premise until the prior bill is paid in full. A balance from one residence will not be allowed to be carried over to the next.
(d) 
Requests from landlord, realtor etc. to have the placard removed will not be honored until the respective outstanding bill is paid in full.
(6) 
New connections.
(a) 
An existing resident who will be vacating the premises must notify the utility billing clerk to request a meter reading for the day of moving and provide a forwarding address and telephone contact number. An existing resident may not make any arrangements for a new incoming resident to change the name on the account.
[Amended 3-10-2015 by Ord. No. 578]
(1) 
Purpose. 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.
(2) 
Applicability. This section applies to all wells located on premises served by the City 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 (1) above.
(3) 
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.
NONCOMPLYING
A well or pump installation which does not comply with § NR 812.42, Wis. Adm. Code, Standards for Existing installations, and which has not been granted a variance pursuant to § NR 812.43, Wis. Adm. 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, Wis. Adm. 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.
WELL
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, Wis. Adm. Code.
(4) 
Abandonment required. All wells on premises served by the municipal water system shall be properly abandoned in accordance with Subsection (6) of this section by January 1, 2016, or not 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 City under terms of Subsection (5) of this section.
(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 90 days after connection to the municipal water system. The City of Nekoosa 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 City or its agent will 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 Public Works Director. The following conditions must be met for issuance or renewal of a well operation permit:
(a) 
The well and pump installation shall meet the Standards for Existing Installations described in § NR 812.42, Wis. Adm. Code. The well and pump system shall be evaluated by a licensed well driller or pump installer and certified on the Wisconsin Well and Pressure System Inspection Form 3300221 to comply with Ch. NR 812, Subch. IV, prior to issuing the initial permit and no less than every 10 years afterwards.
(b) 
The well and pump shall have a history of producing safe water evidenced by at least one coliform 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.
(c) 
There shall be no cross-connections between the well's pump installation or distribution piping and the municipal water system.
(d) 
The water from the private well shall not discharge into a drain leading directly to a public sewer utility unless properly metered and authorized by the sewer utility.
(e) 
The private well shall have a functional pumping system.
(f) 
The proposed use of the private well shall 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 § NR 812.26, Wis. Adm. Code. 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 shall notify the Public Works Director 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.
(c) 
An abandonment report form, supplied by the Department of Natural Resources, shall be submitted to the Clerk and the Department of Natural Resources within 30 days of the completion of the well abandonment. The form must be completed by the licensed well driller, pump installer, or certified operator performing the abandonment.
(7) 
Penalties. Any well owner violating any provision of this section shall upon conviction be punished by forfeiture of not less than $25 nor more than $100 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.
[Amended 7-10-2012 by Ord. No. 566
Except as otherwise provided in this article, any person who shall violate any provision of this article or any order, rule or regulation thereunder shall be subject to a penalty as provided in § 25.04 of this Code.