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Village of Theresa, WI
Dodge County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Theresa 6-3-1996 as §§ 9-1-20 to 9-1-54 and 9-4-2 and 9-4-3 of the 1996 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 132.
Erosion control and stormwater management— See Ch. 155.
Floodplain zoning — See Ch. 180.
Health and sanitation — See Ch. 194.
Sewers — See Ch. 280.
Streets, sidewalks and public areas — See Ch. 303.
Subdivision of land — See Ch. 308.
Current rates for water service are on file at the office of the Village Clerk-Treasurer.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
All persons now receiving a water supply from the Village of Theresa Sewer and 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.
A. 
Application for water service shall be made in writing on a form furnished by the Sewer and 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 and/or air-conditioning water-consuming appliances.)
B. 
Service will be furnished only if:
(1) 
Premises have 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 the 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 form the curbline to the point of use and laid not less than six feet below the surface of an established or proposed grade and according to the Utility's specification; and
(3) 
Premises have adequate piping beyond the 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 Sewer and 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. 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.
E. 
The Utility is hereby empowered to withhold approval of any application wherein full information of the purpose of such supply is not clearly indicated and set forth by the applicant property owner.
A. 
The minimum service contract period shall be one year unless otherwise specified by special contract or in the applicable rate schedule. Where the Utility service has been disconnected at the customer's request prior to expiration of his 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.
[1]
Editor's Note: Schedule R-1 is on file at the office of the Village Clerk-Treasurer.
B. 
A reconnection charge shall also be required from consumers whose services are disconnected (shut off at curb stop) because of nonpayment of bills when due (not including disconnection for failure to comply with deposit or guarantee rules). (See Schedule R-1 for applicable rate.)
C. 
A consumer shall be considered as the same consumer provided that the reconnection is requested for the same location by any member of the same family or, if a place of business, by any partner or employee of the same business.
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 D-1 for applicable rate.[1]
[1]
Editor's Note: Schedule D-1 is on file at the office of the Village Clerk-Treasurer.
A. 
When water is requested for construction purposes, or for filling tanks or other such uses, an application therefor shall be made to the Utility, in writing, upon application provided for that purpose in the Sewer and Water Utility office, 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 inside the building from where the water must be drawn. No connection with the service pipe at the curb shall be made without special permission from the Utility.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
In no case will any employee of the Utility turn on water for construction work unless the contractor first presents a permit. Upon completion of the construction work, the contractor must return the original permit to the Utility, together with a statement of the actual amount of construction work performed.
C. 
Consumers shall not allow contractors, masons or other persons to take water from their premises without first showing a permit from the Utility. Any consumer failing to comply with this provision will have water service discontinued.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
In cases where no other supply is available, permission may be granted by the 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 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 H-1 for deposits and charges.[1] Upon completing use of the hydrant, the customer must notify the Utility to that effect.
[1]
Editor's Note: Schedule H-1 is on file at the office of the Village Clerk-Treasurer.
C. 
In the use of a hydrant supply, the hydrant valve will be set at the proper opening by the Utility when the sprinkling valve is set, and the flow of water must be regulated by means of the sprinkling valve. If the water is to be used through iron pipe connections, all such pipe installations shall have the swing joint to facilitate quick disconnection from the fire hydrant.
Any person who shall, without authority of the 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 may be subject to a fine as provided by municipal ordinances.[1] Permits for the use of hydrants apply only to such hydrants as are designated for the specific use.
[1]
Editor's Note: See Ch. 1, § 1-5, General penalty.
All moneys 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.
A. 
No water service 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 pipe, unless adequate means of protection are provided by sand filling or such other insulation as may be approved by the Utility. Service pipes 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 pipe 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 pipe must be protected against injury by carefully hand tamping the ground filling, free from hard lumps, rocks, stones, or other injurious material, around and at least six inches over the pipe.
C. 
All water supplies shall be of undiminished size from the street main into 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.
A. 
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 expense shall provide a suitable location and the proper connections for the meter. The Sewer and Water Utility should be consulted as to the type and size of meter setting. Where it is possible to set meters in the basement or other suitable place within the building, a short nipple shall be inserted after the stop and waste cock, then a union, and then another nipple and coupling of the proper length. The nipple attached to the union and coupling shall be cut to a standard length provided by the plans of the Utility (it may require a horizontal run of 18 inches in such pipeline) which may later be removed for the insertion of the meter into the supply line.
B. 
No permit will be given to change from metered to flat rate service.
The water cannot be turned on for a consumer except by a duly authorized employee of the Utility. When a plumber has completed a job, he must leave the water turned off. This does not prevent the plumber from testing the work.
A. 
Where the Utility is unable to read a meter after two successive attempts, 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 quarter 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 month. Only in unusual cases, or when approval is obtained from the customer, shall more than three consecutive estimated bills be rendered where billed are rendered monthly, and there shall be not more than two consecutive estimated bills where the billing period is two months or more.
B. 
If the meter is damaged (see § 343-28, 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 employed, the bill will be estimated by some equitable method.
See § PSC 185.36(4), Wis. Adm. Code.
See § PSC 185.89, Wis. Adm. Code.
The consumer shall protect the stop box in the terrace and shall keep the same free from dirt and other obstructions. The Utility shall not be liable for failure to locate the stop box and shut off the water in case of a leak on the consumer's premises.
Meters will be furnished and placed by the Utility and are not to be disconnected or tampered with by the consumer. 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 Utility. All piping within the building must be supplied by the consumer. Where additional meters are desired by the consumer, he shall pay for all piping and an additional amount sufficient to cover the cost of maintenance and depreciation. See Schedule Am-1 for applicable rate.[1]
[1]
Editor's Note: Schedule Am-1 is on file at the office of the Village Clerk-Treasurer.
A. 
Meters will be repaired by the Sewer and Water Utility and the cost of such repairs caused by ordinary wear and tear will be borne by the Utility.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Repair of any damage to a meter resulting from the carelessness of the owner of the premises, his 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 consumer or the owner of the premises.
A. 
Where the property owner requests that a larger service lateral be installed to replace an existing smaller diameter pipe, an allowance of $15 will be made as a deduction in the cost, provided that the new service is to be installed in the same ditch as the existing service pipe.
B. 
The service pipe 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 Utility. The property owner shall maintain the service pipe form the curb stop to the point of use.
C. 
If a consumer fails to repair a leaking or broken service pipe from curb to point of metering or use within such time as may appear reasonable to the Utility after notification has been served on the consumer by the Utility, the water will be shut off and will not be turned on again until the repairs have been completed.
See Ch. PSC 185, Wis. Adm. Code.
During reasonable hours any officer or authorized employee of the Utility shall have the right of access to the premises supplied with service for the purpose of inspection or for the enforcement of the Utility's rules and regulations. Whenever appropriate, the Utility will make a systematic inspection of all unmetered water taps for the purpose of checking waste and unnecessary use of water.
A. 
New residential service. The Utility may require a cash deposit or other guarantee as a condition of new residential service if, and only if, the customer has an outstanding account balance with the Utility which accrued within the last six years and which, at the time of the request for new service, remains outstanding and not in dispute.
B. 
Existing residential service. The Utility may require a cash deposit or other guarantee as a condition of continued service if, and only if, either or both the following circumstances apply:
(1) 
Service has been shut off or discontinued within the last 12 months for violation of these rules and regulations or for nonpayment of a delinquent bill for service which is not in dispute.
(2) 
Credit information obtained by the Utility subsequent to the initial application indicates that the initial application for service was falsified or incomplete to the extent that a deposit would be required under these rules and regulations.
C. 
Commercial and industrial service. If the credit for an applicant for commercial or industrial service has not been established to the satisfaction of the Utility, the applicant may be required to make a deposit or otherwise guarantee to the Utility payment of bills for service.
D. 
Refund of deposits. The Utility shall review the payment record of each residential customer with a deposit on file at not less than twelve-month intervals and shall not require or continue to require a deposit unless a deposit could be required under the conditions stated above. In the case of a commercial or industrial customer, the Utility shall refund the deposit after 24 consecutive months of prompt payment if the customer's credit standing is satisfactory to the Utility. Payment shall be considered "prompt" if it is made prior to notice of disconnection for nonpayment of a bill not in dispute. Any deposit or portion thereof refunded to a customer shall be refunded by check unless both the customer and the Utility agree to credit the regular bill, or unless service is terminated, in which case the deposit with accrued interest shall be applied to the final bill and any balance returned to the customer promptly.
E. 
Other conditions. A new or additional deposit may be required upon reasonable written notice of the need therefor if such new or additional deposit could have been required under the circumstances when the initial deposit was made. Service may be refused or disconnected for failure to pay a deposit request as provided in the rules. When service has been disconnected for failure to make a deposit, or for failure to pay a delinquent bill, or for failure to comply with the terms of a deferred payment agreement, and satisfactory arrangements have been made to have service restored, a reconnection charge as specified elsewhere in these rules shall be paid by the customer as a condition of restoration of service.
See § PSC 185.36(4), Wis. Adm. Code.
A. 
The Utility may accept, in lieu of a cash deposit, a contract signed by a guarantor satisfactory to the Utility whereby payment of a specified sum not exceeding the cash deposit requirement is guaranteed. The term of a guarantee contract shall be two years, but it shall automatically terminate after the customer has closed his/her account or at the guarantor's request upon 30 days' written notice to the Utility.
B. 
Upon termination of a guarantee contract or whenever the Utility deems the same insufficient as to amount or surety, a cash deposit or a new or additional guarantee may be required upon reasonable written notice to the customer. Service to any customer who fails to comply with these requirements may be refused or, upon eight days' written notice, disconnected.
C. 
The Utility shall mail the guarantor copies of all disconnect notices sent to the customer whose account he has guaranteed unless the guarantor waives such notice in writing.
D. 
In lieu of a cash deposit or guarantee, an applicant for new service who has an outstanding account accrued within the last six years with the Utility shall have the right to receive service from the Utility under a deferred payment agreement as provided in these rules and regulations for the outstanding account balance.
A. 
The Utility shall offer deferred payment agreements to residential customers. The deferred payment agreement shall provide that service will not be discontinued for the outstanding bill if the customer pays a stated reasonable amount of the outstanding bill and agrees to pay a stated reasonable portion of the remaining outstanding balance in installments until the bill is paid. In determining what amounts are reasonable, the parties shall consider the following:
(1) 
Size of the delinquent account.
(2) 
Customer's ability to pay.
(3) 
Customer's payment history.
(4) 
Time that the debt has been outstanding.
(5) 
Reasons why the debt has been outstanding.
(6) 
Any other relevant factors concerning the circumstances of the customer.
B. 
In the deferred payment agreement it shall state immediately preceding the space provided for the customer's signature and in boldface print at least two sizes larger than any other used thereon the following: "If you are not satisfied with this agreement, do not sign. If you do sign this agreement you give up your right to dispute the amount due under the agreement except for the Utility's failure or refusal to follow the terms of this agreement."
C. 
A deferred payment agreement shall not include a finance charge.
D. 
If an applicant for service has not fulfilled the terms of a deferred payment agreement, the Utility shall have the right to disconnect service or refuse service in accordance with these rules, and under such circumstances it shall not be required to offer subsequent negotiation of a deferred payment agreement prior to disconnection.
E. 
Any payments made by the customer in compliance with a deferred payment agreement, or otherwise, shall be first considered made in payment of the previous account balance with any remainder credited to the current bill.
A. 
Disconnection.
(1) 
Reasons for disconnection. Service may be disconnected or refused for any of the following reasons:
(a) 
Failure to pay a delinquent account or failure to comply with the terms of a deferred payment agreement.
(b) 
Violation of the Utility's rules and regulations pertaining to the use of service in a manner which interferes with the service of others or to the operation of nonstandard equipment, if the customer has first been notified and provided with reasonable opportunity to remedy the situation.
(c) 
Failure to comply with deposit or guarantee arrangements as provided for in these rules and regulations.
(d) 
Diversion of service around the meter.
(2) 
Disconnection for delinquent accounts.
(a) 
A bill for service is delinquent if unpaid after the due date shown on the bill. The Utility may disconnect service for a delinquent bill by giving the customer, at least 10 calendar days prior to disconnection, a written disconnect notice which may be included with the bill for service. For purposes of this rule, the due date shall not be less than 20 days after issuance. A subsequent notice must be left on the premises not less than 24 hours nor more than 48 hours prior to disconnection if disconnection is not accomplished on or before the 20th day after the first notice date.
(b) 
The Utility may disconnect without notice where a dangerous condition exists for as long as the condition exists. Service may be denied to any customer for failure to comply with the applicable requirements of the rules and regulations of the Public Service Commission or of these rules and regulations or if a dangerous or unsafe condition exists on the customer's premises.
(c) 
The Utility shall notify the appropriate County Department of Health and Social Services at least five calendar days prior to any scheduled disconnection of residential service, if the customer or responsible person has made a written request for this procedure. The Utility shall apprise customers of this right upon application for service. If service to a residential customer which has been disconnected has not been restored within 24 hours after disconnection, the Utility shall notify the appropriate Sheriff's Department of the billing name and service address and that a threat to health and life might exist to persons occupying the premises.
B. 
Dispute procedures.
(1) 
Whenever the customer advises the Utility's designated office prior to the disconnection of service that all or part of any billing as rendered is in dispute, or that any matter related to the disconnection is in dispute, the Utility shall investigate the dispute promptly and completely, advise the customer of the results of the investigation, attempt to resolve the dispute, and provide the opportunity for the customer to enter into a deferred payment agreement, when applicable, in order to settle the dispute.
(2) 
After the customer has pursued the available remedies with the Utility, the customer may request that the Public Service Commission's staff informally review the disputed issue and recommend terms of settlement. Any party to the dispute, after informal review, may make a written request for a formal review by the Commission. If the Commission decides to conduct a formal hearing on the dispute, the customer must pay 50% of the bill in dispute or post a bond for that amount on or before the hearing date. Failure to pay the amount or post the bond will constitute a waiver of the right to a hearing. Service shall not be disconnected because of any disputed matter while the disputed matter is being pursued under the disputes procedure. In no way does this relieve the customer from the obligation of paying charges which are not disputed.
C. 
Disconnection notice. The form of the disconnection notice to be used is on file at the Sewer and Water Utility office.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
An amount owed by the customer may be levied as a tax as provided in §§ 66.0809, 66.0811 and 66.0813, Wis. Stats.
A. 
When the Utility has reasonable evidence that a consumer is obtaining his supply of water, in whole or in part, by means of devices or methods used to stop or interfere with the proper metering of the Utility service being delivered to his equipment, the Utility reserves the right to estimate and present immediately a bill for service unmetered as a result of such interference, and such bill shall be payable subject to 24 hours' disconnection of service. When the Utility shall have disconnected the consumer for any such reason, the Utility will reconnect the consumer upon the following conditions:
(1) 
The consumer will be required to deposit with the Utility an amount sufficient to guarantee the payment of the consumer's bills for Utility service to the Utility.
(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.
(3) 
The consumer must further agree to comply with reasonable requirements to protect the 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.
When premises are to be vacated, the Utility shall be notified in writing at once so that it may remove the meter and shut off the supply at the curb cock. The owner of the premises shall be liable to prosecution for any damage to the property of the Sewer and Water Utility by reason of failure to notify the Utility of vacancy.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The 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 company will give notification, by newspaper publication or otherwise, of the discontinuance of the supply. No rebate will be allowed to consumers for such temporary suspension of supply.
It shall be the duty of the Utility to see that all open ditches for water mains, hydrants, and service pipes are properly guarded to prevent accident to any person or vehicle, and at night there shall be displayed amber signal light in such manner as will, so far as possible, ensure the safety of the public.
Contractors must ascertain for themselves the existence and location of all service pipes. Where they are removed, cut or damaged in the construction of a sewer, the contractor must at his own expense cause them to be replaced or repaired at once. He must not shut off the water service pipes from any consumer for a period exceeding six hours.
Trenches in unpaved streets shall be refilled with moist, damp earth or by means of water tamping. When water tamping is used, the water shall be turned into the trench after the first 12 inches of backfill has been placed and then the trench shall be kept flooded until the remainder of the backfill has been put in.
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 its 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 either in the top tapping or the upper side tapping of the hot water tank or on the hot water distributing pipe connection at the tank. No stop valve shall be placed between the hot water tank and the relief valve or on the drainpipe. (See applicable Village plumbing codes.[1])
[1]
Editor's Note: See Ch. 132, Building Construction.
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 have a diameter not less than that of the pipe it serves and a length not less than 15 diameters of said supply pipe. Where possible, the air chamber should be provided at its base with a valve and rain cock for water drainage and replenishment of air.
Water mains will be extended for new customers on the following basis:
A. 
Where the cost of the extension is to be immediately collected through assessment 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, then 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 contributions 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.
A. 
Application for installation of water mains in regularly platted real estate development subdivisions shall be filed with the Village Administrator 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 the State Department of Administration.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(5) 
Date of approval of proposed mains by the Department of Natural Resources.
(6) 
Number of houses presently under construction.
B. 
Upon receipt of the application, the Sewer and 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 the same to the municipal governing body 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 Sewer and 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.
A. 
Purpose. The purpose of this section is to prevent unused and/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. 
Coverage. All private wells located on any premises which is served by the public water system of the Village shall be properly filled and sealed. Only those wells for which a well operation permit has been granted by the Village Clerk-Treasurer may be exempted from this requirement; subject to conditions of maintenance and operation.
C. 
Well operation permits. A permit may be granted, upon payment of the fee prescribed by Chapter 167, Fees, to a well owner to operate a well for a period not to exceed 10 years if the following requirements are met. Application shall be made on forms provided by the Village Clerk-Treasurer.
[Amended 4-5-2021 by Ord. No. 2021-02]
(1) 
That a minimum of one safe sample be taken prior to issuing or reissuing the permit to establish that the water is bacteriologically safe. Test kits may be ordered from any state-certified lab.
(2) 
That the well and pump system be evaluated by a licensed well driller or pump installer and certified to comply with Ch. NR 812 sub Ch. IV, prior to issuing the initial permit and no less than every 10 years afterwards.
(3) 
Prohibition of unapproved cross-connections between any private well and pump installations and the municipal water system.
(4) 
Submit written documentation of the well and pump inspection indicating compliance with Ch. NR 812 requirements using standardized forms provided by the department.
D. 
Methods. Wells to be abandoned shall be filled according to the procedures outlined in Ch. NR 812, 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. 
Report and inspection. Upon the completion of the abandonment and sealing of a well, a well abandonment report shall be forthwith submitted by the owner to the Wisconsin Department of Natural Resources on the appropriate form.
F. 
Penalties. Any person, firm or other well owner violating any provision of this section may, upon conviction thereof, be subject to the provisions set forth in Chapter 1, § 1-5 of this Code.
A. 
Definition. As used in this section, the following terms shall have the meaning indicated:
CROSS-CONNECTION
Any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the Village of Theresa 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 Village of Theresa 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 Theresa Sewer and Water Utility and by the Wisconsin Department of Natural Resources in accordance with § NR 811.25(3), Wis. Adm. Code.
C. 
Inspections. It shall be the duty of the Theresa Sewer and 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 Theresa Sewer and Water Utility and as approved by the Wisconsin Department of Natural Resources.
D. 
Right of entry. Upon presentation of credentials, the representative of the Theresa Sewer and 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 of Theresa 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. 
Discontinuance of service. The Theresa Sewer and 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 disconnection. If it is determined by the Theresa Sewer and 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 Clerk-Treasurer of the Village of Theresa 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. 
Adoption of Administrative Code. The Village of Theresa adopts by reference the State Plumbing Code of Wisconsin, being Chs. COMM 81 to 87, Wis. Adm. Code.
H. 
Plumbing codes. This section does not supersede the State Plumbing Code and Village of Theresa Plumbing Code[1] but is supplementary to them.
[1]
Editor's Note: See Ch. 132, Building Construction.