Village of Baldwin, WI
St. Croix County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Baldwin 4-28-2004 as Title 9, Ch. 1, Art. B, of the 2004 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 235.
Sewers — See Ch. 480.
Streets and sidewalks — See Ch. 510.
Subdivision of land — See Ch. 620.

§ 556-1 Compliance with rules.

All persons now receiving a water supply from the Village of Baldwin 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 of Wisconsin.

§ 556-2 Establishment of service.

A. 
Application for water service shall be made in writing on a form furnished by the Water Utility. The application will contain the legal description of the property to be served, name of the owner, the exact use to be made of the service, and the size of the supply pipe and meter desired. (Note particularly any special refrigeration, fire protection and/or air-conditioning water-consuming appliances.)[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Service will be furnished only if:
(1) 
Premises has a frontage on a properly platted street or public strip in which a cast iron or other long-life water main has been laid, or where property owner has agreed to and complied with the provisions of the Utility's filed main extension rule;
(2) 
Property owner has installed or agrees to install a service pipe from the curbline to the point of use that is not less than six feet below the surface of an established or proposed grade and meets the Water Utility's specifications; and
(3) 
Premises has adequate piping beyond metering point.
C. 
The owner of a multiunit dwelling has the option of being served by individual metered water service to each unit. The owner, by selecting this option, is required to provide interior plumbing and meter settings to enable individual metered service to each unit and individual disconnection without affecting service to the other units. Each meter and meter connection will be a separate Water Utility customer for the purpose of the filed rules and regulations.
D. 
No division of the water service of any lot or parcel of land shall be made for the extension and independent meterage of the supply to an adjoining lot or parcel of land. Except for duplexes, no division of a water supply service shall be made at the curb for separate supplies therefrom for two or more separate premises having frontage on any street or public service strip, whether owned by the same or different parties. Duplexes may be served by one lateral, provided that:
(1) 
Individual metered service and disconnection are provided; and
(2) 
It is permitted by local ordinance.
E. 
Buildings used in the same business, located on the same parcel, and served by a single lateral may have the customer's water supply piping installed to a central point so that volume can be metered in one place.
F. 
The Water Utility may withhold approval of any application where full information of the purpose of such supply is not clearly indicated and set forth by the applicant property owner.

§ 556-3 Service contract.

A. 
The minimum service contract period shall be one year unless otherwise specified by special contract or in the applicable rate schedule. Where the Water Utility has disconnected service at the customer's request prior to expiration of the minimum contract period, a reconnection charge shall be made, payable in advance, when the customer requests reconnection of service. (See Schedule R-1 for applicable rate.[1]) The minimum contract period is renewed with each reconnection.[2]
[1]
Editor's Note: Current rate schedules are on file at the office of the Village Clerk-Treasurer.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
A reconnection charge shall also be required from consumers whose services are disconnected (shut off at curb stop box) because of nonpayment of bills when due. (See Schedule R-1 for applicable rate.)
C. 
If reconnection is requested for the same location by any member of the same household, or if a place of business, by a partner of the same business, it shall be considered as the same customer.

§ 556-4 Temporary metered supply, meter and deposits.

An applicant for temporary water supply on a metered basis shall make and maintain a monetary deposit for each meter installed as security for payment for use of water and for such other charges which may arise from the use of the supply. A charge shall be made for setting the valve and furnishing and setting the meter. See Schedule Bw-1 for applicable rate.[1]
[1]
Editor's Note: Current rate schedules are on file at the office of the Village Clerk-Treasurer.

§ 556-5 Water for construction.

A. 
When water is requested for construction purposes, or for filling tanks or other such uses, an application therefor shall be made to the Water Utility, in writing, giving a statement of the amount of construction work to be done or the size of the tank to be filled, etc. Payment for the water for construction shall be made in advance at the scheduled rates. The service pipe must be installed into the building before the water can be used. No connection with the service lateral at the curb shall be made without special permission from the Water Utility.
B. 
In no case will any employee of the Water Utility turn on water for construction work unless the contractor has obtained permission from the Water Utility.
C. 
Customers shall not allow contractors, masons, or other persons to take unmetered water from their premises without permission from the Water Utility. Any customer failing to comply with this provision may have water service discontinued and will be responsible for the cost of the estimated volume of water used.

§ 556-6 Use of hydrants.

A. 
In cases where no other supply is available, permission may be granted by the Water Utility to use a hydrant. No hydrant shall be used until it is equipped with a sprinkling valve. In no case shall any valve be moved except by a member of the Water Utility.
B. 
Before a valve is set, payment must be made for its setting and for the water to be used at the scheduled rates. Where applicable, see Schedule Bw-1 for deposits and charges.[1] Upon completing use of the hydrant, the customer must notify the Water Utility to that effect.
[1]
Editor's Note: Current rate schedules are on file at the office of the Village Clerk-Treasurer.

§ 556-7 Operation of valves and hydrants; unauthorized use of water; penalty.

Any person who shall, without authority of the Water Utility, 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 who shall wantonly damage or impair the same, shall be subject to a fine as provided by municipal ordinances. Permits for the use of hydrants apply only to such hydrants as are designated for the specific use.

§ 556-8 Refunds of monetary deposits.

All money deposited as security for payment of charges arising from the use of temporary water supply on a metered basis, or for the return of a sprinkling valve wheel or reducer, if the water is used on an unmetered basis, will be refunded to the depositor on the termination of the use of water, the payment of all charges levied against the depositor, and the return of the wheel and reducer.

§ 556-9 Service laterals.

A. 
No water service lateral shall be laid through any trench having cinders, rubbish, rock or gravel fill, or any other material which may cause injury to or disintegration of the service lateral, unless adequate means of protection are provided by sand filling or such other insulation as may be approved by the Water Utility. Service laterals passing through curb or retaining walls shall be adequately safeguarded by provision of a channel space or pipe casing not less than twice the diameter of the service connection. The space between the service lateral and channel or pipe casing shall be filled and lightly caulked with an oakum, mastic cement, or other resilient material and made impervious to moisture.
B. 
In backfilling the pipe trench, the service lateral must be protected against injury by carefully hand-tamping the ground filling around the pipe. There should be at least six inches of ground filling over the pipe, and it should be free from hard lumps, rocks, stones, or other injurious material.
C. 
All water service laterals shall be of undiminished size from the street main in to the point of meter placement. Beyond the meter outlet valve, the piping shall be sized and proportioned to provide, on all floors, at all times, an equitable distribution of water supply for the greatest probable number of fixtures or appliances operating simultaneously.

§ 556-10 Service piping for meter settings.

Where the original service piping is installed for a new metered customer, where existing service piping is changed for the customer's convenience, or where a new meter is installed for an existing unmetered customer, the owner of the premises, at his/her expense, shall provide a suitable location and the proper connections for the meter. The meter setting and associated plumbing shall comply with the Water Utility's standards. The Water Utility should be consulted as to the type and size of meter setting.

§ 556-11 Turning on water.

The water may only be turned on for a customer by an authorized employee of the Water Utility. Plumbers may turn the water on to test their work, but upon completion, must leave the water turned off.

§ 556-12 Failure to read meters.

A. 
Where the Water Utility is unable to read a meter, the fact will be plainly indicated on the bill, and either an estimated bill will be computed or the minimum charge applied. The difference shall be adjusted when the meter is again read, that is, the bill for the succeeding billing period will be computed with the gallons or cubic feet in each block of the rate schedule doubled, and credit will be given on that bill for the amount of the minimum bill paid the preceding period. Only in unusual cases shall more than three consecutive estimated or minimum bills be rendered.
B. 
If the meter is damaged (see § 556-27, Surreptitious use of water) or fails to operate, the bill will be based on the average use during the past year unless there is some reason why the use is not normal. If the average use cannot be properly determined, the bill will be estimated by some equitable method.

§ 556-13 Complaint meter tests.

See § PSC 185.33, Wis. Adm. Code.

§ 556-14 Thawing frozen services.

See § PSC 185.88, Wis. Adm. Code.

§ 556-15 Curb stop boxes.

The customer shall protect the curb stop box in the terrace and shall keep the same free from dirt and other obstructions. The Water Utility shall not be liable for failure to locate the curb stop box and shut off the water in case of a leak on the owner's premises.

§ 556-16 Installation of meters.

Meters will be owned, furnished and installed by the Water Utility or a Water Utility-approved contractor and are not to be disconnected or tampered with by the customer. All meters shall be so located that they shall be protected from obstructions and permit ready access thereto for reading, inspection, and servicing, such location to be designated or approved by the Water Utility. All piping within the building must be supplied by the owner. Where additional meters are desired by the owner, the owner shall pay for all piping. Where applicable, see Schedule Am-1 for rate.[1]
[1]
Editor's Note: Current rate schedules are on file at the office of the Village Clerk-Treasurer.

§ 556-17 Repairs to meters.

A. 
Meters will be repaired by the Water Utility and the cost of such repairs caused by ordinary wear and tear will be borne by the Water Utility.
B. 
Repair of any damage to a meter resulting from the carelessness of the owner of the premises, owner's agent, or tenant, or from the negligence of any one of them to properly secure and protect the same, including any damage that may result from allowing a water meter to become frozen or to be injured from the presence of hot water or steam in the meter, shall be paid for by the customer or the owner of the premises.

§ 556-18 Replacement and repair of service laterals.

A. 
The service lateral from the main to and through the curb stop will be maintained and kept in repair and, when worn out, replaced at the expense of the Water Utility. The property owner shall maintain the service lateral from the curb stop to the point of use.
B. 
If an owner fails to repair a leaking or broken service lateral from curb to point of metering or use within such time as may appear reasonable to the Water Utility after notification has been served on the consumer by the Water Utility, the water will be shut off and will not be turned on again until the repairs have been completed.

§ 556-19 Charges for water wasted due to leaks.

See § PSC 185.35, Wis. Adm. Code.

§ 556-20 Inspection of premises.

During reasonable hours, any officer or authorized employee of the Water Utility shall have the right of access to the premises supplied with service for the purpose of inspection or for the enforcement of the Water Utility's rules and regulations. Whenever appropriate, the Water Utility will make a systematic inspection of all unmetered water taps for the purpose of checking waste and unnecessary use of water.

§ 556-21 Deposits for residential service.

See § PSC 185.36, Wis. Adm. Code.

§ 556-22 Deposits for nonresidential service.

See § PSC 185.361, Wis. Adm. Code.

§ 556-23 Dispute procedures.

See § PSC 185.39, Wis. Adm. Code.

§ 556-24 Deferred payment agreement.

See § PSC 185.38, Wis. Adm. Code.

§ 556-25 Disconnection and refusal of service.

A. 
Disconnection. See § PSC 185.37, Wis. Adm. Code.
B. 
Disconnection notice. The form of disconnection notice to be used shall be determined by the Water Utility.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 556-26 Collection of overdue bills.

An amount owed by the customer may be levied as a tax as provided in § 66.0809, Wis. Stats.

§ 556-27 Surreptitious use of water.

A. 
When the Water Utility has reasonable evidence that a person is obtaining his/her water, in whole or in part, by means of devices or methods used to stop or interfere with the proper metering of the Water Utility service being delivered, the Water Utility reserves the right to estimate and present immediately a bill for unmetered service as a result of such interference and such bill shall be payable subject to a twenty-four-hour disconnection of service. If the Water Utility disconnects the service for any such reason, the Water Utility will reconnect the service upon the following conditions:
(1) 
The customer will be required to deposit with the Water Utility an amount sufficient to guarantee the payment of the bills for Water Utility service.
(2) 
The consumer will be required to pay the Utility for any and all damages to its equipment on the consumer's premises due to such stoppage or interference with its metering.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
The customer must further agree to comply with reasonable requirements to protect the Water Utility against further losses.
B. 
Sections 98.26 and 943.20, Wis. Stats., as relating to water service, are hereby adopted and made a part of these rules.

§ 556-28 Vacation of premises.

When premises are to be vacated, the Water Utility shall be notified, in writing, at once, so that it may remove the meter and shut off the supply at the curb stop. The owner of the premises shall be liable for prosecution for any damage to the Water Utility's property.

§ 556-29 Repairs to mains.

The Water Utility reserves the right to shut off the water in the mains temporarily, to make repairs, alterations or additions to the plant or system. When the circumstances will permit of sufficient delay, the Water Utility will give notification, by newspaper publication or otherwise, of the discontinuance of the water supply. No credit will be allowed to customers for such temporary suspension of the water supply.

§ 556-30 Duty of Water Utility with respect to safety of the public.

It shall be the duty of the Water Utility to see that all open ditches for water mains, hydrants, and service laterals are properly guarded to prevent accident to any person or vehicle, and at night there shall be displayed proper signal lighting to ensure the safety of the public.

§ 556-31 Handling water mains and service laterals in excavation or other trenches.

Contractors must ascertain for themselves the existence and location of all water mains and service laterals. When removed, cut or damaged during trench excavation, the contractors must, at their own expense, cause them to be replaced or repaired at once. Contractors must not shut off the water service laterals from any customer for a period exceeding six hours.

§ 556-32 Protective devices.

A. 
Protective devices in general. The owner or occupant of every premises receiving water supply shall apply and maintain suitable means of protection of the premises supply, and all appliances thereof, against damage arising in any manner from the use of the water supply, variation of water pressure, or any interruption of water supply. Particularly, such owner or occupant must protect water-cooled compressors for refrigeration systems by means of high-pressure safety cutout devices. There shall likewise be provided means for the prevention of the transmission of water ram or noise of operation of any valve or appliance through the piping of his own or adjacent premises.
B. 
Relief valves. On all "closed systems" (i.e., systems having a check valve, pressure regulator, or reducing valve, water filter or softener), an effective pressure relief valve shall be installed at or near the top of the hot water tank or at the hot water distributing pipe connection to the tank. No stop valve shall be placed between the hot water tank and the relief valve or on the drain pipe. (See applicable plumbing codes.)
C. 
Air chambers. An air chamber or approved shock absorber shall be installed at the terminus of each riser, fixture branch, or hydraulic elevator main for the prevention of undue water hammer. The air chamber shall be sized in conformance with local plumbing codes. Where possible, the air chamber should be provided at its base with a valve for water drainage and replenishment of air.

§ 556-33 Cross-connection control.

A. 
Definition. A cross-connection shall be defined as 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, firm or corporation 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 said municipality, 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 Utility and by the Wisconsin Department of Natural Resources in accordance with § NR 811.07, Wis. Adm. Code.
C. 
Inspections. It shall be the duty of the Water Utility 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 Water Utility and as approved by the Wisconsin Department of Natural Resources.
D. 
Right to inspect. Upon presentation of credentials, the representative of the Water Utility 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, such representative 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 inspection agency any pertinent information regarding the piping system or systems on such property.
E. 
Discontinuation of service. The Water 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 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 Subsection F. Water service to such property shall not be restored until the cross-connection(s) has been eliminated in compliance with the provisions of this section.
F. 
Immediate discontinuation. If it is determined by the Water Utility that 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-Treasurer and delivered to the customer's premises, 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.
G. 
State code adopted. The Village adopts by reference the State Plumbing Code of Wisconsin being Ch. SPS 382, Wis. Adm. Code.
H. 
Section not to supersede other ordinances. This section does not supersede the State Plumbing Code and any Village plumbing ordinances but is supplementary to them.

§ 556-34 Private well abandonment.

A. 
Purpose. The purpose of this section is to prevent contamination of groundwater and to protect public health, safety and welfare by assuring that unused, unsafe or noncomplying wells or wells which may be illegally cross-connected to the municipal water system are properly abandoned.
B. 
Applicability. This section applies to all wells located on any premises served by the Village of Baldwin Water Utility.
C. 
Definitions. The following definitions shall be applicable in this section:
MUNICIPAL WATER SYSTEM
A system for the provision to the public of piped water for human consumption, when such system has at least 15 service connections or regularly serves at least 25 year-round residents, owned or operated by a city, village, county, town, town sanitary district, or utility district, or a privately owned water utility serving any of the above.[1]
NONCOMPLYING
A well or pump installation which does not comply with the provisions of Ch. NR 812, Wis. Adm. Code, in effect at the time the well was constructed, a contamination source was installed, the pump was installed or work was done on either the well or pump installation.
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 contaminated with substances in exceedance of the standards of Ch. NR 109 or 140, Wis. Adm. 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 in use 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 Ch. NR 812, Wis. Adm. Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Abandonment required. All wells located on premises served by the municipal water system shall be abandoned in accordance with the terms of this section and Ch. NR 812, Wis. Adm. Code, by January 1991 or no later than one year from the date a connection to the municipal water system becomes available, whichever occurs last, unless a well operation permit has been obtained by the well owner from the Village of Baldwin Water Utility.
E. 
Well operation permit. The Village of Baldwin Water Utility may grant a nonrenewable permit to a private well owner to operate a well for a period not to exceed five years, providing the conditions of this section are met. The Village of Baldwin Water Utility, or its agent, may conduct inspections or have water quality tests conducted a the applicant's expense to obtain or verify information necessary for consideration of a permit application. Permit applications shall be made on forms provided by the Clerk-Treasurer. The following conditions must be met for issuance of a well operation permit:
[Amended 7-13-2016]
(1) 
The well and pump installation meet or are upgraded to meet the requirements of Ch. NR 812, Wis. Adm. Code.
(2) 
The well has a history of producing bacteriologically safe water and presently produces bacteriologically safe water as demonstrated by providing a copy of the results of a waste sample analyzed at a state-certified laboratory within three months preceding the request for the well operation permit or permit renewal. 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 are no cross-connections between the well and pump installation and the municipal water system.
(4) 
The proposed use of the well and pump installation can be justified as being necessary 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. Adm. Code. All debris, pump, 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 Clerk-Treasurer at least 48 hours prior to commencement of any well abandonment activities. The abandonment of the well shall be observed by Director of Public Works or his/her agent.
[Amended 3-13-2013]
(3) 
An abandonment report form, supplied by the Department of Natural Resources, shall be submitted by the well owner to the Clerk-Treasurer and the Department of Natural Resources within 10 days of the completion of the well abandonment.
G. 
Penalties. Any person, firm, or well owner violating any provision of this section shall, upon conviction, be punished by forfeiture as prescribed in § 1-4 of this Code and the cost of prosecution. Each twenty-four-hour period during which a violation exists shall be deemed and constitute a separate offense. If any person fails to comply with this section for more than 10 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.

§ 556-35 Water main extension rule.

Water mains will be extended for new customers on the following basis:
A. 
Where the cost of the extension is to immediately be collected through assessment by the municipality against the abutting property, the procedure set forth under § 66.0703, Wis. Stats., will apply, and no additional customer contribution to the Utility will be required.
B. 
Where the municipality is unwilling or unable to make a special assessment, the extension will be made on a customer-financed basis as follows:
(1) 
The applicant(s) will advance as a contribution in aid of construction the total amount equivalent to that which would have been assessed for all property under Subsection A.
(2) 
Part of the contribution required in Subsection B(1) will be refundable. When additional customers are connected to the extended main within 20 years of the date of completion, contributions in aid of construction will be collected equal to the amount which would have been assessed under Subsection A for the abutting property being served. This amount will be refunded to the original contributor(s). In no case will the contribution received from additional customers exceed the proportionate amount which would have been required under Subsection A, nor will it exceed the total assessable cost of the original extension.
C. 
When a customer connects to a transmission main or connecting loop installed at Utility expense within 20 years of the date of completion, there will be a contribution required of an amount equivalent to that which would have been assessed under Subsection A.

§ 556-36 Water main installations in platted subdivision.

A. 
Application for installation of water mains in regularly platted real estate development subdivisions shall be filed with the Village Clerk-Treasurer and shall set forth the following information:
(1) 
Name of subdivision.
(2) 
Legal description.
(3) 
Map showing streets, lots and sizes of proposed mains and hydrants, and street laterals.
(4) 
Date of approval of subdivision plan by State Department of Administration.
(5) 
Date of approval of proposed mains by State Department of Natural Resources.
(6) 
Number of houses presently under construction.
B. 
Upon receipt of the application, the Water Utility will prepare detailed estimates of the cost of extending water mains and hydrants of the size deemed necessary in the subdivision and submit same to the Village Board for approval of the extension as it pertains to public fire protection service requirements.
C. 
The applicant for water service to be supplied to a subdivision shall be required to advance to the Utility, prior to the beginning of the construction, the total estimated cost of the extension. If the final costs exceed estimated costs, an additional billing will be made for the balance of the cost due. This balance is to be paid within 30 days. If final costs are less than estimated, a refund of overpayment will be made by the Water Utility.
D. 
If the developer, or a contractor employed by the developer, is to install the water mains (with approval of the Utility), the developer shall be responsible for the total cost of construction.
E. 
Any individual or entity installing a nonconductive water main or lateral shall also install a locating wire or other equally effective means for marking the location of the lateral. This requirement shall not apply to minor repairs to, or partial replacement of, mains or laterals installed before the original effective date of this subsection (January 11, 2007). The means used for marking the location of the water main or lateral shall be subject to the approval of the Director of Public Works.