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Town of Fulton, WI
Rock County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Fulton 12-27-1996 as Ch. 20 of the 1996 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 190.
Health and sanitation — See Ch. 248.
Subdivision of land — See Ch. 380.
Zoning — See Ch. 425.
The rules, rates and regulations of the Utility shall be those adopted by the Town Board and approved and on file with the Public Service Commission of Wisconsin. All persons now receiving a water supply from the 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.
As used in this chapter, the following terms shall have the meanings indicated:
BOARD OF COMMISSIONERS
The Town of Fulton Water Utility Board of Commissioners.
COMMISSION
The Public Service Commission of the State of Wisconsin.
CUSTOMER
The owner or occupant of premises to which water service is to be furnished. The customer at all times means that property owner or occupant at the time a contribution is to be made or refund becomes available.
UNIT OF WATER SERVICE
Any aggregation of space or area occupied for a distinct purpose such as a residence, apartment, flat, store, office, or factory, which is equipped with one or more fixtures for rendering water service separate and distinct from other users. Each unit of service shall be regarded as one customer and the surcharge for additional customers on a meter assessed accordingly.
UTILITY
The Town of Fulton Water Utility.
A. 
Area to be served. The area to which the Town of Fulton Water Utility shall furnish water shall be strictly limited to the shaded area set forth on Schedule 1 of this chapter.[1]
[1]
Editor's Note: Schedule 1 is on file in the Town offices.
B. 
Service application. Application for the original installation of a supply from the Town water main, or for any extension or alteration of any existing supply from the curve line, or within the street property line, shall be filed with the Town Clerk/Treasurer by the owner of the property or his/her authorized agent for the approval of the Board of Commissioners prior to the performance of any such work. The signing of the application card or permit by the owner or his agent shall constitute a contract for water supplied and its specific use, which contract embodies these regulations by reference. If a master plumber or owner makes such application, he shall provide the name of the property owner and the plumber, the legal description of the property, the street location, the officially designated building number, the exact use of the service and meter desired, size and character of the supply pipe, and fixtures or appliances to be supplied.
C. 
Conditions of service. Refer to PSCW Order No. 2157 WR 100, Schedule X-1.
D. 
Withholding approval of application. The Board of Commissioners is empowered to withhold approval of any application for which a full disclosure of information regarding the purpose of such supply is not clearly indicated and fully set forth by the applicant property owner.
A. 
New residential service. The Utility will not require a cash deposit or other guarantee as a condition of new residential service unless the customer has an outstanding 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 shall not require a cash deposit or other guarantee as a condition of continued service unless either or both of the following circumstances apply:
(1) 
The Utility has shut off or discontinued the service of the customer within the last twelve-month period for a violation of the Utility's filed rules for nonpayment of a delinquent service account not currently in dispute.
(2) 
Subsequent credit information indicated that the initial application for service was falsified or incomplete to the extent that a deposit would be required under this section.
C. 
Conditions of deposit. The maximum deposit for a new or existing residential account shall not exceed the estimated gross bills for all water service, both billed and unbilled, which can be supplied before the Utility's filed disconnect rule becomes applicable. The amount to be deposited may be a minimum of $1 per month.
D. 
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 to restoration of service.
E. 
Interest. Deposits shall bear interest at the legal rate, payable from the date of refund or discontinuance of service, whichever is earlier.
F. 
Review. The Utility shall review the payment record of each residential customer with a deposit on file at twelve-month intervals. The Utility shall not continue to require a cash deposit unless a deposit is required under the provisions of Subsections A and B.
G. 
Refund. Any deposit or portion thereof refunded to a customer shall be refunded by check unless both the customer and the Utility agree to a credit on the regular billing or unless Subsection H applies.
H. 
Accrued interest. Upon termination of service, the deposit, with accrued interest, shall be credited to the final bill and the balance shall be returned promptly to the customer.
I. 
Guarantee. The Utility shall not require any customer to pay a deposit or establish a guarantee in lieu of deposit without explaining, in writing if requested, why that deposit is being required.
J. 
Service refusal. Service may be disconnected or refused for failure to pay a deposit request subject to the rules pertaining to disconnection and refusal of service.
K. 
Guarantee terms and conditions.
(1) 
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 such contract shall be no longer than two years, but shall automatically terminate after the customer has closed his account with the Utility, or, at the guarantor's request, upon 30 days' written notice to the Utility.
(2) 
Upon termination of a guarantee contract or whenever the Utility deems the same insufficient as to the amount of surety, a cash deposit or a new or additional guarantee may be required upon reasonable written notice to the customer. The service of any customer who fails to comply with these requirements may be disconnected upon eight days' written notice.
(3) 
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.
L. 
Deferred payment. 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 defined in § 418-11 for the outstanding account.
M. 
Bill on tax roll. In the event the Utility is not able to collect a bill for water service, the bill may be placed on the real estate tax roll as provided in § 66.069, Wis. Stats.[1]
[1]
Editor's Note: Section 66.069, Wis. Stats., was renumbered in part and repealed in part by 1999 Act 150, §§ 184 to 189, effective 1-1-2001. See now § 66.0809, Wis. Stats.
N. 
Applicability. The rules in Subsections J and K of this section are not applicable to deposits or guarantees made in connection with the financing of extensions or other equipment.
Readings of all meters used for determining charges to customers shall be taken by the Utility quarterly or for such other period or in such other manner as may be authorized by the Commission. An effort shall be made to read meters on corresponding days of each meter-reading period. The meter reading date may be advanced or postponed not more than 10 days without adjustment of the billing period. Bills for service shall be rendered within 50 days from the reading of the meter except as may be otherwise specifically authorized by the Commission.
A. 
Each bill, including the customer's receipt, shall show the present and last preceding meter readings, the date of the present reading, the number of units consumed, and the rate schedule under which the bill is computed. In lieu of including the rate schedule on the bill, the Utility may, whenever a rate change becomes effective and at least twice a year, supply each customer with the schedule of rates at which the bills are computed and any other rates that might be applicable. Bills rendered at rates requiring the measurement of a number of different factors shall show all data necessary for the customer to check the computation of the bill. Minimum and established bills shall be distinctly marked as such.
B. 
If the Utility is authorized to make late payment charges, such charges shall comply with the following requirements:
(1) 
The bill shall clearly indicate the amount of the late payment charge and the date after which the late payment charge shall be applied.
(2) 
Late payment charges shall be applied no sooner than 20 days after the date of issuance of the bill.
(3) 
The amount of the late payment charge shall be 1.5% of the bill, except a minimum charge of $2 shall apply.
(4) 
Late payment charges shall be applied to all customer classes and rate classifications.
(5) 
The Utility shall not waive any properly applied late payment charges.
(6) 
A late payment charge shall be applied only once to any given amount outstanding.
C. 
If the Utility reads the meters at the end of each billing period, the Utility may leave the meter reading forms when access to meters cannot be gained. If requested by the customer, the Utility shall provide such forms. If no form is left or the form is not returned in time for the billing operation, a minimum or estimated bill may be rendered. In cases of emergency, the Utility may render minimum or estimate (average) bills without reading meters or supplying meter reading forms to customers. Only in unusual cases, or when approval is obtained from the customer, shall more than two consecutive estimated bills be rendered where the billing period is quarterly.
D. 
If an estimated bill appears to be abnormal when a subsequent reading is obtained, the bill for the entire period shall be computed at a rate which contemplates the use of service during the entire period and the estimated bill shall be deducted. If there is reasonable evidence that the use occurred during only one billing period, the bill shall be so computed.
(1) 
Credits due a customer because of meter inaccuracies, or error in billing, shall be separated from the regular bill and the charges explained in detail. Subsequent to the first billing, the amount may be shown as a separate item on the regular bills.
(2) 
The original billings rendered because of meter inaccuracy, or error in billing, shall be separated from the regular bill and the charges explained in detail. Subsequent to the first billing, the amount may be shown as a separate item on the regular bills.
E. 
If the meter is damaged, 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.
A. 
Whenever a positive displacement meter is found upon test to have an average percent registration of more than 102 and whenever a compound of current type meter is found upon test to have an average percent registration of more than 103, a recalculation of bills for service shall be made for the period of inaccuracy, assuming an inaccuracy equal to the average percent error in excess of 100.
B. 
For the purposes of this rule, the average percent registration shall be the average percent registration for those normal test points which are within the normal test flow limits of the meter, except that the test points within the "change over" range for compound meters shall be ignored. (For positive displacement meters, the light flow test point would not be considered.)
C. 
If the period of inaccuracy cannot be determined, it shall be assumed that the full amount of inaccuracy existed during the last half of the period since the meter was installed or last tested; however, the period of accuracy shall not exceed 1/2 the required test period.
D. 
If the recalculated bills indicate that more than $1 is due an existing customer or $2 is due a person no longer a customer of the Utility, the full amount of the calculated difference between the amount paid and the recalculated amount shall be refunded to the customer. The refund to an existing customer may be in cash or as a credit on a bill. If a refund is due a person no longer a customer of the Utility, a notice shall be mailed to the last known address and the Utility shall, upon request made within three months thereafter, refund the amount due.
E. 
Where a meter in service is found not to register or is found to have an average percent registration of less than 97, the Utility may bill the customer for the amount the test indicated has been undercharged for the period of inaccuracy, which period shall not exceed the last six months the meter was in service unless otherwise authorized by the Commission after investigation. No back bill will be sanctioned if the customer has called to the Utility's attention his doubts as to the meter's accuracy and the Utility has failed within a reasonable time to check it.
F. 
Subject to the Utility's rules setting forth the method for determining a reduced rate herein authorized, if a leak unknown to the customer is found in an appliance or the plumbing, the Utility may estimate the water so wasted and bill for it at a reduced rate not less than the Utility's cost thereof. No such adjustment shall be made for water supplied after the customer has been notified and has had an opportunity to correct the condition. If, however, the customer knew of the leak and failed to give proper attention to it, the Utility may bill for the total consumption shown by the meter at regular rates.
G. 
Where, because of some deficiency in the Utility's portion of the facilities and at the request of the Utility, a customer permits a stream of water and flow to prevent freezing of the service or main, the Utility shall adjust his bill for the excess consumption which results.
H. 
A classified record shall be kept of the number of refunds and charges made because of inaccurate meters, misapplication of rates, and erroneous billing. A summary of the record for the previous calendar year shall, upon request, be submitted to the Commission by April 1.
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 where approval is obtained from the customer shall more than three consecutive estimated bills be rendered where bills are rendered monthly, and there shall be not more than two consecutive estimated bills where the billing period is two months or more.
The Utility shall make an accuracy test, without charge, of any metering installation upon request of the customer if 24 months or more have elapsed since the last complaint test of the meter in the same location, and for a charge of $2 per inch of nominal size or fraction thereof, payable in advance, if fewer than 24 months have elapsed.
A. 
Under no circumstances shall the cumulative time before notice of disconnection be less than 30 days after the date of issuance of the bill, and an account may be deemed delinquent for the purpose of disconnection after such period has elapsed.
(1) 
At least eight calendar days prior to disconnection, the Utility shall give a written disconnect notice upon a form which must be in the tariff of the Utility filed with the Public Service Commission and which conforms to the requirements of Wisconsin Administrative Code Section PSC 185.37(9) unless excepted elsewhere.
(2) 
When a customer, either directly or through the Public Service Commission, disputes a disconnection notice, the Utility shall investigate any disputed issue and shall attempt to resolve that issue by negotiation. During this investigation and negotiation, the Utility service shall not be disconnected over this matter.
(3) 
If a disputed issue cannot be resolved pursuant to PSC 185.39(1), Wis. Adm. Code, the Utility shall inform the customer of the right to contact the Public Service Commission.
B. 
Utility service may be disconnected or refused for any of the following reasons:
(1) 
Failure to pay the delinquent account or failure to comply with the terms of a deferred payment agreement (See § 418-11).
(2) 
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.
(3) 
Failure to comply with deposit or guarantee arrangements as specified in § 418-4.
(4) 
Diversion of service around the meter.
C. 
The Utility may disconnect utility service without notice where a dangerous condition exists for as long as the condition exists.
D. 
Service may be discontinued following a written twenty-four-hour notice for nonpayment of a bill covering surreptitious use of water if so provided in the filed tariff of the Utility.
E. 
Utility service may not be disconnected or refused for many of the following reasons:
(1) 
Nonpayment of a delinquent account over six months old where collection efforts have not been made within that period of time unless the passage of additional time results from other provisions herein or from good faith negotiations or arrangements made with the customer.
(2) 
Delinquency in payment for service by a previous occupant of the premises to be services other than a member of the same household residing at the same premises.
(3) 
Failure to pay for merchandise or charges for nonutility service billed by the Utility.
(4) 
Failure to pay for a different type or class of utility thereof.
(5) 
Failure to pay the account of another customer as guarantor thereof.
(6) 
Failure to pay charges arising from any underbilling occurring more than one year prior to the current billing and due to any misapplication of rates.
(7) 
Failure to pay charges arising from any underbilling occurring more than one year prior to the current billing and due to faulty metering.
(8) 
Failure to pay an estimated bill other than a bill rendered pursuant to an approved bimonthly meter reading plan unless the customer upon request refuses to permit the reading of the meter during the normal business hours.
F. 
The Utility shall not disconnect any residential service without notifying the Rock County Department of Health and Social Services at least five calendar days prior to the scheduled disconnection, if the customer or responsible person has made a written request for this procedure to the Utility. The customer shall be appraised of this right upon application for service.
G. 
Notwithstanding any other provision of this section, the Utility may not disconnect service to a residential customer if disconnection will aggravate an existent medical emergency of the customer, a member of his family or other permanent resident of the premises where service is rendered and if the customer conforms to the procedures described in Subsection G(1) below.
(1) 
The Utility shall postpone the disconnecting of service for 21 days to enable the customer to arrange for payment, if the customer produces a licensed Wisconsin physician's statement or notice from a public health or social service official which identifies the medical emergency and specifies the period of time during which disconnection will aggravate the circumstances. The postponement may be extended once by renewal of the certificate or notice. No further extension of time shall be granted except upon a showing by the customer of the existence of extraordinary circumstances and further that he has exercised due diligence in meeting the emergency as evidenced in part by close and continuous communication with the Utility.
(2) 
During the period service is continued under the provisions of this subsection, the customer shall be responsible for the cost of residential utility service. However, no action to disconnect that service will be undertaken until expiration of the period of continued service.
(3) 
If there is a dispute concerning an alleged existent medical emergency, either party shall have the right to an informal review by the Public Service Commission staff. Pending a decision after informal review, residential utility service shall be continued, provided that the resident has submitted a statement or notice as set forth in Subsection G(1) of this subsection.
H. 
The Utility shall not disconnect service unless written notice by first class mail is sent to the customer or personally served at least eight calendar days prior to the first date of the proposed disconnection. Notice shall be sent to the account name and address, and to the address where service is provided, if different, if disconnection is not accomplished on or before the 15th day after the first notice date, a subsequent notice must be left on the premises not less than 24 hours nor more than 48 hours prior to the disconnection.
I. 
The Utility shall make a reasonable effort to have a personal or telephone contact with the customer prior to disconnection.
J. 
Disconnection notice shall be given upon a form approved by the Commission, and shall contain the following information:
(1) 
The name and address of the customer and the address of the service, if different.
(2) 
A statement of the reason(s) for the proposed disconnection of service and that disconnecting will occur if the account is not paid, or if arrangement is not made to pay the account under deferred payment agreement, or if other suitable arrangements are not made, or if equipment changes are not made. If disconnection of service is to be made for default on a deferred payment agreement, the notice shall include an explanation of the acts of the customer which are considered to constitute default.
(3) 
A statement that the customer should communicate immediately upon receipt of the notice with the Utility's designated office, listing a telephone number, if he disputes the notice of delinquent account, if he wishes to negotiate a deferred payment agreement as an alternative to disconnection, if any resident is seriously ill, or if there are other extenuating circumstances.
(4) 
A statement that residential Utility service will be continued for up to 21 days during serious illness if the account holder submits a statement or notice pursuant to § 418-10G(1).
(5) 
A statement that the customer may appeal to the Public Service Commission staff in the event that the grounds for the proposed disconnection or the amount of any disagreement remains in dispute after the customer has pursued the available remedies with the Utility.
K. 
Service shall not be disconnected on a day, or on a day immediately preceding a day, when the business offices of the Utility are not available to the public for the purpose of transacting all business matters unless the Utility provides personnel which are readily available to the consumer 24 hours per day to evaluate, negotiate or otherwise consider the customer's objection to the disconnection as provided under § 418-10E and G and proper service personnel are readily available to restore service 24 hours per day.
L. 
Notwithstanding any other provision of this chapter, Utility service may not be refused because of a delinquent account if the customer or applicant provides, as a condition of future service, a deposit or guarantee, as governed by § 185.36, Wis. Stats., or a voucher agreement.
M. 
Notice.
(1) 
The form of the disconnection notice to be used shall read as follows:
Dear Customer,
You are hereby notified that your water bill is delinquent in the amount of (insert amount). You were notified with a PAST DUE NOTICE on (insert date) of this delinquent amount and as of today's date, not payment has been received.
You now have 8 days to pay the utility service arrears or your service is subject to disconnection.
If you fail to pay the service arrears, or fail to contact us within the 8 days allowed to make reasonable time payment arrangements, we will proceed with the disconnection action.
To avoid the inconvenience of service interruption and an additional charge for reconnection, we urge you to pay the full arrears IMMEDIATELY AT THE TOWN OFFICE.
If you have entered into a Deferred Payment Agreement with us and have failed to make the time payments on the date you agreed to OR failed to pay your current bill by the due date, your service will be subject to disconnection, unless you pay the total amount now due within 8 days.
DISCONNECT DATE: (insert date) AMOUNT OF ARREARS (insert amount).
Note: All payments are due at the Town office by 4:00 p.m. prior to the disconnect date to avoid service interruption!
If you have reason for delaying this payment, call us and explain the situation.
PLEASE CALL THIS TELEPHONE NUMBER (Appropriate telephone number), IMMEDIATELY IF:
1.
You have a question about your utility service arrears.
2.
You are unable to pay the full amount of the bill and are willing to enter into a time payment agreement with the utility.
3.
There are any circumstances you think should be taken into consideration before service is discontinued.
4.
Any resident is seriously ill.
Illness Provision
If there is an existing medical emergency in your home and you furnish the utility with a statement signed by either a licensed Wisconsin physician, or a public health official, we will delay disconnection service up to 21 days. The statement must identify the medical emergency and specify the period of time during which disconnection will aggravate the existing emergency.
Deferred Payment Agreements
If, for some reason, you are unable to pay the full amount of the utility service arrears on your bill, you may contact the utility to discuss arrangements to pay the arrears over and extended period of time.
This time payment agreement will require:
1.
Payment of a reasonable amount at the time the agreement is made.
2.
Payment of the remainder of the outstanding balance in monthly installments over a reasonable period of time.
3.
Payment of all future utility service bills in full by the due date.
In any situation, where you are unable to resolve billing disputes or disputes about the grounds for proposed disconnection through contacts with our utility, you may make an appeal to the Wisconsin Public Service Commission, Madison, Wisconsin.
Sincerely,
Town of Fulton Water Utility
In the event that Utility is not able to collect any bill for water service even though Deposit and Guarantee Rules are on file, the bill may be put upon the tax roll as provided in Section 66.089, Wisconsin Statutes.
(2) 
If a residential service which has been disconnected has not been restored to service within 24 hours after the time of disconnection, the Utility shall inform the Town of Fulton Chief of Police of the billing name and the service address and that a threat to health and life might exist to persons occupying the premises.
The Utility is required to offer deferred payment agreements only to residential accounts.
A. 
Every deferred payment arrangement entered into due to the customer's inability to pay the outstanding bill in full shall provide that service shall not be discontinued if the customer pays a reasonable amount of the outstanding bill and agrees to pay a reasonable portion of the remaining outstanding balance in installments until the bill is paid.
B. 
For purposes of determining reasonableness under these rules, the parties shall consider:
(1) 
The size of the delinquent account.
(2) 
The customer's ability to pay.
(3) 
The customer's payment history.
(4) 
The time that the debt has been outstanding.
(5) 
Reasons why debt has been outstanding.
(6) 
Any other relevant factors concerning the circumstances of the customer.
C. 
A deferred payment agreement offered by the Utility 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, that "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."
D. 
A deferred payment agreement shall not include a finance charge.
E. 
If an applicant for Utility service has not fulfilled terms of a deferred payment agreement, the Utility shall have the right to disconnect pursuant to disconnection of service rules (§ 418-10), and under such circumstances, it shall not be required to offer subsequent negotiation of a deferred payment agreement prior to disconnection.
F. 
Any payments made by a customer in compliance with a deferred payment agreement or otherwise shall first be considered made in payment of the previous account balance with any remainder credited to the current bill.
A. 
Whenever the customer disputes the utility's request for a deposit or other guarantee or advised the Utility's designated office prior to the disconnection of service that all or any part of any billing as rendered is in dispute, or that any matter related to the disconnection or refusal of service is in dispute, the Utility shall:
(1) 
Investigate the dispute promptly and completely.
(2) 
Advise the customer of the result of the investigation.
(3) 
Attempt to resolve the dispute.
(4) 
Provide the opportunity for the customer to enter into a deferred payment agreement, when applicable, in order to settle the dispute.
B. 
After the customer has pursued the available remedies with the Utility, he may request that the Public Service Commission staff informally review the dispute issue and recommend terms of settlement.
(1) 
A request for informal review may be made in any reasonable manner, such as by written notice or telephoned request direction to the Public Service Commission.
(2) 
There must be at least five days between the date the Commission staff mails written notice of terms of settlement after informal review, and any subsequent disconnection.
C. 
Any party to the dispute after informal review may make a written request for a formal review by the Commission. Such request must be made within five days of the date the Commission staff mails written notice of terms of settlement after informal review. If written confirmation of the staff telephone notice is requested and mailed, the five-day period begins from the date of that mailing.
(1) 
Within 10 days from the time such a request is made, the Commission shall decide, on the basis of the information it has received from the staff, whether to hold a hearing on the matter and shall inform both parties of its decision.
(2) 
If the Commission decides to conduct a formal hearing on the dispute, the customer shall be required to pay 50% of the bill or deposit in dispute to the Utility or post bond for that amount on or before the date of hearing. Such payment or bond may be waived by the Commission for good cause shown. Failure to pay the specified amount before hearing will constitute waiver by the customer.
(3) 
Such a hearing shall conform to the procedures described in §§ 196.27 to 196.34, Wis. Stats.[1]
[1]
Editor's Note: Section 196.27, Wis. Stats., was renumbered as § 196.26(3) by L.1981, C.148, § 11, effective 3-3-1982. Section 196.29, Wis. Stats., was renumbered as § 196.28(2) and (3), Wis. Stats., by 1983 Acts 53, § 41, effective 11-3-1983.
(4) 
Any such hearing shall be held not less than 10 days following a notice of hearing, and a decision thereon shall be rendered following the conclusion of the hearing.
D. 
Utility service shall not be disconnected or refused because of any disputed matter while the disputed matter is being pursued in accordance with the provisions of this section. In no way does this relieve the customer from the obligation to pay charges which are not in dispute.
A. 
General extension rules.
(1) 
The Utility may extend water mains for new customers. The size and location of the main to be installed shall be determined by the Town Board.
(2) 
The cost of an extension, used in computing the assessment or the contribution, shall be the total cost of construction, including legal and engineering fees. However, the cost of the extension shall be based on the cost of materials for a six-inch main, and the added costs of arterial for larger mains and appurtenances shall be considered Utility expense. The cost per lineal foot of main installed shall be computed by dividing the total cost of construction, as determined above, by the total length of the extension.
B. 
Applications for extension of mains.
(1) 
Written application for water main extensions to any property not fronted by an existing water main shall be filed with the Town Clerk/Treasurer by the owner of the property desiring the extension. The applicant shall provide the name of the property owner, the legal description of the property, the street location, and the exact nature of the water requirements. Signing of an application does not constitute a contract for installation of such extension as requested.
(2) 
The Town Board is hereby empowered to withhold consideration of any application in which full disclosure of information regarding the purpose of such supply is not clearly and fully set forth by the applicant.
(3) 
The application for extension of mains shall be acted upon the Town Board. The Town Board shall determine the plan under which the requested extension is to be installed.
(4) 
If the existing water system is inadequate to provide the requested service, due to lack of capacity of pressure or funding ability or for any other reason, the application may be rejected.
(5) 
Proper bedding and compaction of water mains is required at all times regardless of soil and weather conditions. The engineer retained by the Town shall approve plans and specifications for such projects and shall perform inspections to ensure compliance. Frozen soil will not be allowed for use as water main bedding material. All costs to comply with the above are to be borne by the applicant.
C. 
Extension plans.
(1) 
Water main extension for new customers other than in platted subdivisions: refer to PSCW Order No. 2157-WR-100, Schedule X-2.
(2) 
Water main extension in platted subdivisions: refer to PSCW Order No. 2157-WR-100, Schedule X-3.
(3) 
Limit of extension. When an extension beyond an existing extension is require to serve a new customer, the new extension shall be considered as an entirely new project.
A. 
Refusal to grant service. If the existing water system is inadequate to provide the required service, due to lack of capacity of pressure or funding ability or for any other reason, the application may be rejected.
B. 
Service connections.
(1) 
Service shall be furnished only if:
(a) 
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 and extension rule, and the water service connection is made between the property lines, extending to the main; and
(b) 
The property owner has installed or agrees to install a service pipe from the curbline to the point of use which is laid not less than five feet below the surface of an established or proposed grade and is laid according to the Utility's specifications. Couplings shall be of such material as to provide electrical conductivity.
(c) 
The premises to be served shall have a functioning sanitary waste disposal system which is in compliance with all State and local regulations and all applicable building permits.
(d) 
Construction. All water mains shall be constructed at a depth as specified by the engineer, but in no case shall the main have less than six feet of cover over the top of the main at any location. Street grades established and approved by the Town Board shall be adhered to for water main cover.
[1] 
All mains shall be looped to provide circulation in the distribution system.
[2] 
Mains shall be constructed across the entire frontage of any parcel that received water service.
[3] 
All laterals from the main to the point of entrance to the building foundation of floor shall have a depth of cover of at least six feet.
[4] 
Whenever any lateral located on property between the city street and the building is found to have less than six feet of cover, the property owner shall be notified and be given four months to properly relocated the lateral to a depth to provide six feet of cover. All costs for lowering shall be borne by the property owner.
[5] 
Valves shall be placed on each line coming into an intersection and also on each side of each hydrant so as to create a service area of 550 lineal feet of street or less. Each valve shall have access via a water box or manhole.
[6] 
Any hydrants which are installed shall be placed generally at intersections of streets with spacing not more than 550 feet apart. All hydrants on mains eight inches or larger in size shall have a valve placed in the hydrant lead.
(e) 
Costs.
[Amended 10-9-1997]
[1] 
All costs for mains, hydrants, valves, elbows, tees, crosses and other specials and service laterals shall be the cost of the petitioner or receiver of water service. The customer shall do all necessary excavating and backfilling between main and curb in accordance with Town specifications. When laid in a combined sewer and water trench, the water service shall be laid on a shelf of solid ground above and not nearer than 12 inches to the sewer. Tapping shall be done by the Utility. The Utility shall furnish all materials for the three-fourths-inch and one-inch street lateral up to and including the curb stop. For services larger than one inch, all pipe larger than one inch shall be supplied by the customer.
[2] 
The customer shall pay a connection charge and any applicable capacity charge or other required charge in accordance with the schedule on file with the Utility.
(2) 
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 or land. No division of water supply service shall be made at the curb for separate supplies for more than two separate premises having frontage on any street or public service strip whether owned by the same or different parties. Separation must be made prior to the existing curb stop, to allow for the installation of a second curb stop on the separated supply.
A. 
All meters used for measuring the quantity of water delivered to a customer shall be in good mechanical condition and shall be adequate in size and design for the type of service measured and shall be accurate to the standards specified in Ch. PSC 185.65, Wis. Adm. Code. Cold water meters of the current type shall be used for metered service only where the actual flow rates fall entirely within the normal testflow limits of the meter. Flow meters, including the magnetic and ultrasonic meters, may be used for customer metering only with specific approval of the Commission.
B. 
Meters and remote reading devices shall be owned and maintained by the Utility and easily accessible for reading.
C. 
Metering installations shall be properly sealed.
The water cannot be turned on for a customer except by a duly authorized employee of the Utility. When a plumber has completed a job, he or she must leave the water turned off. This does not prevent the plumber from testing the work.
Refer to PSCW Order No. 2157-WR-100, Schedule Mpa-1.
A. 
In general. The owner or occupant of every premises receiving water supplies shall apply and maintain suitable means of protection of the premises supplied, 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 a means for the prevention for the transmission of water ram or noise of operation of any valve or appliance through the piping of their 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 connection at the tank. No stop valve shall be placed between the hot water tank and the relief valve or on the drain pipe. (See applicable Town 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 have a diameter of not less than that of the pipe it serves in 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 ring cock for water drainage and water replenishment of air.
D. 
Check valves. Check valves shall be required on the water supply line to water heaters and incorporated in such a way as to prevent backflow to the meter.
A. 
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 from the curb stop to the point of use.
B. 
If a customer fails to repair a leaking or broken service pipe from curb to point of metering or point of use within such time as may appear reasonable to the Utility after notification has been served on the customer and by the Utility, the water will be shut off and will not be turned on again until repairs have been completed by the customer. Furthermore, said customer may be billed for any water which has not passed through the meter and has been wasted by leakage or defective pipes and fixtures, as estimated by the Utility.
The Utility reserves the right to shut off the water in the mains temporarily, to make repairs, alterations or additions to the system. When the circumstances will permit of sufficient delay, the Utility will give notification by a newspaper publication or otherwise of the discontinuance of the supply. No rebate will be allowed to customers for such temporary suspension of supply.
A. 
Meters will be repaired by the Utility, and the cost of such repairs caused by ordinary wear and tear will be borne by the 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 anyone of them to properly secure and protect 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.
A. 
Frozen services shall be thawed out by and at the expense of the Utility except where the customer has been notified in advance of a corrective measure to follow or where the freezing is caused by contributory fault or negligence on the part of the customer such as reduction of the grade or undue exposure of the piping in the building or on customer's property, or failure to comply with the Utility specifications and requirements as to depth of service, lack of sufficient backfill, etc.
B. 
Following the freezing of a service, the Utility shall take such steps and issue such instructions as may be necessary to prevent the refreezing of the same service. No charge shall be made for rethawing if the instructions are followed. In case it is necessary to allow the water to flow to prevent refreezing, the customer must make provisions for proper disposal of the waste water.
C. 
For the period in which the water is allowed to run, the customer may be billed according to his meter readings, but in no event to exceed the average amount paid in the corresponding billing periods of the previous two years. A new customer shall be charged the average bill for other customers of the same class receiving service under comparable conditions. Also see Ch. PSC 185, Wis. Adm. Code.
The customer shall protect the curb 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 curb stop box and shut off the water in case of a leak on the customer's premises.
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 an amber signal light in such manner as will, so far as possible, insure the safety of the public.
Contractors must ascertain for themselves the existence and location of all service pipes. Where excavating machines are used in digging sewers, all water mains shall be maintained at the expense of the contractor. Where service pipes are removed, cut or damaged during trench construction, the contractor must, at his own expense, cause them to replaced or repaired at once. Contractors must not shut off the water service pipes to any customer 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 have been placed and then the trench shall be kept flooded until the remainder of the backfill has been put in.
A. 
When the Utility has reasonable evidence that a customer is obtaining his supply of water, in whole or in part, by means or 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 bills shall be payable subject to a twenty-four-hour disconnection of service. When the Utility shall have disconnected the customer for any such reason, the Utility will reconnect the customer upon the following conditions:
(1) 
The customer will be required to deposit with the Utility an amount sufficient to guarantee the payment of the customer's bills for utility service to the Utility.
(2) 
The customer will be required to pay the Utility for any and all damages to its equipment on the customer's premises due to such stoppage or interference with its metering.
(3) 
The customer 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 related to water service, are hereby adopted and made a part of these rules.
During reasonable hours, any 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.
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 water department by reason of failure to notify the Utility of vacancy. Ten working days' prior notice to the Town Clerk/Treasurer to disconnect or reconnect is required.
Refer to PSCW Order No. 2157-WR-100, Schedule R-1.
No person shall enter a claim for damage against the Town of Fulton Water Utility, or any officers thereof, for damage to any pipe, fixture, or appurtenance by reason of interrupted nature caused by the turning off, or turning on, either wholly or partially, of the water supply for the extension, alteration, or repair of any water main or premises' supply, or for the discontinuance of the premises' water supply for the violation of any rules or regulations of the Water Utility. No claim shall be allowed against the Town because of interruption to the water supply caused by the breaking of pipes or machinery, by stoppage for repairs, or by fire or other emergency, and no claims shall be allowed for any damage caused by the breakage of any pipe or machinery.
A. 
Employees authorized to enter customers' premises. The Utility shall keep a record of its employees authorized, pursuant to § 196.171, Wis. Stats., to enter the customers' premises.
B. 
Customers' complaints. The Utility shall investigate and keep a records of complaints received by it from its customers in regard to safety, service, or rates, and the operation of its system. The record shall show the name and address of the complainant, the date and nature of the complaint, and its disposition and the date thereof.
C. 
Construction records. The Utility shall prepare, or cause to be prepared, and shall keep on file, permanent and adequate records in the form of maps or clearly descriptive tabular statements, or both, showing the size, kind, and location of all its underground mains and service pipe lines and other construction, and definite locations of all valves and shutoff cocks. The records shall also show dates of construction by year and month. The maps may be part of the continuing property records if they show the size, kind and location of the facilities and the date of construction by month and year.
D. 
Records and reports of service interruptions. The Utility shall maintain a record of interruption, showing for each the date and time it began, the duration, the cause, and the approximate number of customers affected.
E. 
Pumpage records. A permanent record shall be kept comparing pumpage with metered consumption. Pumpage shall be determined by the master meter of the system.
F. 
Metering equipment records.
(1) 
A test record shall be made whenever a unit of metering equipment is tested but need not be retained after the equipment is again tested if a complete history record is maintained. The test record shall identify the unit and its location, date of test, reason for test, readings before and after tests, a statement of "As Found" and "As Left" accuracies, a statement of test conditions sufficiently complete to permit checking the calculations employed, identification of the testing standard and the person making the test, and the results of the check or test of any associated remote register device.
(2) 
The Utility shall keep a history record for each unit of metering equipment, showing when the unit was purchased, its cost, the Utility's identification, associated remote register or other equipment, essential nameplate data, dates and results of all "As Found" and "As Left" tests unless separate records are kept of each test, and locations where installed, with dates of installation and removal.
(3) 
The Utility shall summarize the meter tests made during each calendar year. When requested, a copy of such summaries shall be filed with the Commission by April 1 of the following year. The summary shall be in such detail as may be prescribed by the Commission from time to time.
G. 
Valve and hydrant records. To assure that valves and hydrants are operable when needed, a schedule shall be adopted and followed for operating each valve and hydrant once each two years. A record of such operations shall be kept.
H. 
Flushing of mains records. Records shall be kept of all flushing of mains, showing date, place and estimated volume of water.
A. 
General metered service. Refer to PSCW Order No. 2157-WR-100, Schedule Mg-1.
B. 
Public service. Refer to PSCW Order No. 2157-WR-100, Schedule Mpa-1.
C. 
Seasonal, emergency or temporary service. Refer to PSCW Order No. 2157-WR-100, Schedule Mgt-1.
D. 
Building and construction water service. Refer to PSCW Order No. 2157-WR-100, Schedule Mz-1.
E. 
Water lateral installation charge.
(1) 
The initial water service lateral will be installed from the main through the curb stop and box by the Utility for which the actual cost will be charged. The projected cost shall be collected in advance. Refer to PSCW Order No. 2157-WR-100, Schedule Cz-1.
(2) 
The water lateral shall be installed by the property owner consistent with the requirements of this chapter. Such installation shall be at the expense of the property owner. Refer to PSCW Order No. 2157-WR-100, Schedule Cz-1.
A. 
Applicability. This section applies to all wells on premises served by the Utility.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
MUNICIPAL WATER SYSTEM
A community water system owned by the Town of Fulton Water Utility District.
NONCOMPLYING
A well or pump installation which does not comply with Section NR 812.42, Wis. Adm. Code, Standards for Existing Installations, and which has not been granted a variance pursuant to Section 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
A well or pump installation which produces water which is bacteriologically contaminated or exceeds the drinking water standards of Section NR 812.06, Wis. Adm. Code.
UNUSED
A well or pump installation which is not used or does not have a functional pumping system, other than an artesian well.
WELL
An excavation or opening into the ground by digging, boring, drilling, driving or other methods for the purpose of obtaining groundwater for consumption or other use.
WELL ABANDONMENT
The proper filling and sealing of a well according to the provisions of Section NR 812.26, Wis. Adm. Code.
C. 
Abandonment required. All wells on premises served by the municipal water system shall be properly abandoned in accordance with Subsection E no later than 90 days after the date of connection to the municipal water system unless a valid well operation permit has been issued to the owner by the Town of Fulton Water Utility District under the terms of Subsection D.
D. 
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 the connection to the municipal water system. The Town of Fulton Water Utility District shall grant a permit to a well owner to operate a well 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 Town of Fulton Water Utility District, 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 using independent certified contractors 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 Town Clerk/Treasurer. The following conditions must be met for issuance or renewal of a well operation permit:
(1) 
The well and pump installation shall meet or be upgraded to meet the standards for existing installations, described in Section NR 812.42, Wis. Adm. Code, except as those requirements would be inapplicable to an artesian well.
(2) 
The well and pump shall have a history of producing safe drinking water, evidenced by at least two coliform bacteria samples taken a minimum of two weeks apart in areas where the Department of Natural Resources has determined that groundwater aquifers are contaminated with substances other than bacteria. Additional chemical test may be required to evidence safety of the water.
(3) 
There shall be no cross-connection between the well's pump installation or distribution piping and the municipal water system.
(4) 
The well water shall not discharge directly to a public sewer utility unless properly metered and authorized by the sewer utility.
(5) 
The well shall have a functional pumping systems, except for an artesian well, and the proposed use of the well water can be justified as reasonable in addition to water provided by the municipal water system.
E. 
Abandonment procedures.
(1) 
All wells abandoned under the jurisdiction of this chapter shall be done according to the procedures and methods of Section 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.
(2) 
The owner of the well, or the well's agent, may be required to obtain a well abandonment permit prior to any well abandonment and notify the Town Clerk/Treasurer in advance of any well abandonment activities. The abandonment of the well may be observed or verified by inspection by the Town of Fulton Water Utility District or its agent.
(3) 
An abandonment report form supplied by the Department of Natural Resources shall be submitted by the well owner to the Town Clerk/Treasurer and the Department of Natural Resources within 30 days of the completion of the well abandonment.
F. 
Penalties. Any well owner violating a provision of this section shall, upon conviction, be punished by forfeiture of not less than $50 nor more than $500 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 Town of Fulton 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 of such person.
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 Utility 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 Utility 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 have been approved by the Utility and by the Wisconsin Department of Natural Resources in accordance with Section NR 811.25(3), Wis. Adm. Code.
C. 
Inspections. It shall be the duty of the 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 Utility and as approved by the Wisconsin Department of Natural Resources.
D. 
Right of inspection. Upon presentation of credentials, the representative of the Town of Fulton Water Utility District 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 Utility for cross-connections. If entry is refused, such representatives shall obtain a special inspection warrant under § 66.122, Wis. Stats.[1] 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.
[1]
Editor's Note: Section 66.122, Wis. Stats., was renumbered as § 66.0119, Wis. Stats, by 1999 Act 150, §§ 287 to 290, effective 1-1-2001.
E. 
Discontinuance of water 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 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 herein. Water service to such property shall not be restored until the cross-connection(s) has been eliminated in compliance with the provisions of this chapter.
F. 
Emergency. If it is determined by the Utility that a cross-connection or an emergency endangers public health, safety or welfare and requires immediate action, and any written finding to that effect is filed with the Clerk/Treasurer of the Town of Fulton 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 State Plumbing Code. The Township of Fulton adopts by reference the State Plumbing Code of Wisconsin, being Ch. ILHR 82, Wis. Adm. Code.[2]
[2]
Editor's Note: The former Department of Industry, Labor and Human Relations (ILHR) is now known as the Department of Commerce. For current state plumbing provisions, see Chs. Comm 81 through 87, Wis. Adm. Code.
H. 
This section does not supersede the State Plumbing Code or any applicable Township of Fulton ordinance, but is supplementary to them.
No person shall uncover or excavate under or around any water line for any purpose without a written permit from the Board of Commissioners.
Any violation of this chapter for which a specific penalty is not provided shall be subject to the penalties set forth in the schedule on file in the office of the Town Clerk/Treasurer.