City of Prescott, WI
Pierce County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Prescott as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Assessments — See Ch. 15.
Building construction — See Ch. 259.
Fires and fire prevention — See Ch. 303.
Health and sanitation — See Ch. 329.
Housing standards— See Ch. 341.
Property maintenance — See Ch. 443.
Sewers — See Ch. 470.
Stormwater management — See Ch. 500.
Streets and sidewalks — See Ch. 506.
Subdivision of land — See Ch. 510.
Wellhead protection — See Ch. 570.
Zoning legislation — See Part III.
Article I Water Service

§ 563-1 Compliance with rules.

§ 563-2 Establishment of service.

§ 563-3 Service contract.

§ 563-4 Temporary metered supply, meter and deposits.

§ 563-5 Water for construction.

§ 563-6 Use of hydrants.

§ 563-7 Operation of valves and hydrants; unauthorized use of water; violations and penalties.

§ 563-8 Refunds of monetary deposits.

§ 563-9 Service connections (or water laterals).

§ 563-10 Service piping for meter settings.

§ 563-11 Turning on water.

§ 563-12 Failure to read meters.

§ 563-13 Complaint meter tests.

§ 563-14 Thawing frozen services.

§ 563-15 Curb stop boxes.

§ 563-16 Installation of meters.

§ 563-17 Repairs to meters.

§ 563-18 Replacement and repair of service pipe.

§ 563-19 Charges for water wasted due to leaks.

§ 563-20 Inspection of premises.

§ 563-21 Customer's deposits.

§ 563-22 Conditions of deposit.

§ 563-23 Guarantee contracts.

§ 563-24 Deferred payment agreement.

§ 563-25 Disconnection and refusal of service.

§ 563-26 Collection of overdue bills.

§ 563-27 Surreptitious use of water.

§ 563-28 Vacation of premises.

§ 563-29 Repairs to mains.

§ 563-30 Duty of utility with respect to safety of public.

§ 563-31 Handling water mains and service pipes in sewer or other trenches.

§ 563-32 Protective devices.

§ 563-33 Cross-connection control.

§ 563-34 Water and sewer main extension rule.

§ 563-35 Private well abandonment.

Article II Cross Connection

§ 563-36 Purpose.

§ 563-37 Definitions.

§ 563-38 Prohibited connections.

§ 563-39 City responsibility.

§ 563-40 Owner responsibility.

§ 563-41 Surveys.

§ 563-42 Authority to discontinue service.

§ 563-43 Reconnection of service.

§ 563-44 Emergency discontinuance of service.

§ 563-45 Plumbing Code.

[Adopted as Title 9, Ch. 1, Art. B of the former City Code]

§ 563-1 Compliance with rules.

All persons now receiving a water supply from the City of Prescott 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.

§ 563-2 Establishment of service.

A. 
Application for water service shall be made, in writing, on a form furnished by the Water Utility. The application will contain the legal description of the property to be served, name of the owner, the exact use to be made of the service, and the size of the supply pipe and meter desired. (Note particularly any special refrigeration, fire protection, and/or air-conditioning water-consuming appliances.)
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 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 seven feet below the surface of an established or proposed grade, and according to Utility's specification; and
(3) 
Premises have adequate piping beyond metering point.
C. 
The owner of a multiunit dwelling has the option of being served by individual metered water service to each unit. The owner, by selecting this option, is required to provide interior plumbing and meter settings to enable individual metered service to each unit and individual disconnection without affecting service to the other units. Each meter and meter connection will be a separate Water Utility customer for the purpose of the filed rules and regulations.
D. 
No division of the water service of any lot or parcel of land shall be made for the extension and independent meterage of the supply to an adjoining lot or parcel of land. No division of a water supply service shall be made at the curb for separate supplies therefor 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.

§ 563-3 Service contract.

A. 
The minimum service contract period shall be one year unless otherwise specified by special contract or in the applicable rate schedule. Where the 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: Rate schedules are on file in City Hall.
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 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.

§ 563-4 Temporary metered supply, meter and deposits.

An applicant for temporary water supply on a metered basis shall make and maintain a monetary deposit for each meter installed as security for payment for use of water and for such other charges which may arise from the use of the supply. A charge shall be made for setting the valve and furnishing and setting the meter. (See Schedule D-1 for applicable rate.)

§ 563-5 Water for construction.

A. 
When water is requested for construction purposes, or for filling tanks or other such uses, an application therefor shall be made to the Utility, in writing, upon application provided for that purpose in the Utility's 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.
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.
[Amended 5-29-2012 by Ord. No. 08-12]

§ 563-6 Use of hydrants.

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. Upon completing use of the hydrant, the customer must notify the Utility to that effect.
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.

§ 563-7 Operation of valves and hydrants; unauthorized use of water; violations and penalties.

[Amended 5-29-2012 by Ord. No. 08-12]
Any person who shall, without authority of the Utility, allow contractors, masons, or other unauthorized persons to take water from their premises, operate any valve connected with the street or supply mains, or open any fire hydrant connected with the distribution system, except for the purpose of extinguishing fire, or who shall wantonly damage or impair the same shall be subject to a fine as prescribed in § 1-4 of this Code per incident as provided by municipal ordinances. Permits for the use of hydrants apply only to such hydrants as are designated for the specific use.

§ 563-8 Refunds of monetary deposits.

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.

§ 563-9 Service connections (or water laterals).

[Amended 1-23-2017 by Ord. No. 01-17]
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 casino 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 numbers of fixtures or appliances operating simultaneously.
D. 
If a nonconductive supply line is used on the customer side of the curb stop, the Utility will bear no responsibility for thawing the service.
E. 
If the supply line is not installed to cover depth required by the Utility, the Utility will bear no i:esponsibility for thawing the service.

§ 563-10 Service piping for meter settings.

[Amended 6-22-2015 by Ord. No. 05-15]
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/her expense shall provide a suitable location and the proper connections for the meter. The meter setting and associated plumbing shall comply with the Water Utility's standards. The Water Utility should be consulted as to the type and size of meter setting.
B. 
No permit will be given to change from metered to flat rate service.

§ 563-11 Turning on water.

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.

§ 563-12 Failure to read meters.

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 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.
B. 
If the meter is damaged (see § 563-27, Surreptitious use of water) or fails to operate, the bill will be based on the average use during the past year unless there is some reason why the use is not normal. If the average use cannot be properly employed, the bill will be estimated by some equitable method.

§ 563-13 Complaint meter tests.

See Ch. PSC 185, Wis. Adm. Code.

§ 563-14 Thawing frozen services.

See Ch. PSC 185, Wis. Adm. Code.

§ 563-15 Curb stop boxes.

[Amended 6-22-2015 by Ord. No. 06-15]
A. 
The customer shall protect the stop box located near the property line. The stop box shall be kept free from dirt and other obstructions and in correct vertical alignment. Plantings, other than maintained lawn grass, and other obstructions shall not be closer than five feet. The utility shall not be liable for failure to locate the stop box or for not having access to the curb stop valve in case of a leak or other need for turning the water off on the owner's premises.
B. 
Residential stop boxes in paved sidewalks or driveways shall be protected with a cast iron casting and cover provided by the property owner and approved by the utility.

§ 563-16 Installation of meters.

[Amended 6-22-2015 by Ord. No. 07-15]
Meters, wires and transmitters will be owned, furnished, and installed by the Water Utility or a Utility-approved contractor and are not to be disconnected or tampered with by the customer. All meters, wires and transmitters shall be so located that they shall be protected from obstructions and permit ready access thereto for reading, inspection, and servicing, such location to be designated or approved by the Water Utility. All piping within the building must be supplied by the owner. Where additional meters are desired by the owner, the owner shall pay for all piping and an additional amount sufficient to cover the cost of maintenance and depreciation. Where applicable, see Schedule Am-1 for rate.[1]
[1]
Editor's Note: For information regarding Schedule Am-1, consult the City offices.

§ 563-17 Repairs to meters.

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 any one 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 consumer or the owner of the premises.

§ 563-18 Replacement and repair of service pipe.

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, providing 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.

§ 563-19 Charges for water wasted due to leaks.

See Ch. PSC 185, Wis. Adm. Code.

§ 563-20 Inspection of premises.

[Amended 6-22-2015 by Ord. No. 08-15]
During reasonable hours any officer or authorized employee or hired contractor of the Utility shall have the right of access to the premises supplied with service, for the purpose of installation, maintenance, thawing and 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.

§ 563-21 Customer's deposits.

See Ch. PSC 185, Wis. Adm. Code.

§ 563-22 Conditions of deposit.

See Ch. PSC 185, Wis. Adm. Code.

§ 563-23 Guarantee contracts.

See Ch. PSC 185, Wis. Adm. Code.

§ 563-24 Deferred payment agreement.

See Ch. PSC 185, Wis. Adm. Code.

§ 563-25 Disconnection and refusal of service.

A. 
See Ch. PSC 185, Wis. Adm. Code.
B. 
The form of disconnection notice to be used is as follows:
DISCONNECTION NOTICE
Dear Customer:
The bill enclosed with this notice includes your current charge for Utility service and your previous unpaid balance.
You have eight 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 eight days allowed to make reasonable deferred payment arrangement, or other suitable arrangement, we will proceed with disconnection action.
To avoid the inconvenience of service interruption and an additional charge of (amount) for reconnection, we urge you to pay the full arrears IMMEDIATELY AT ONE OF OUR OFFICES.
If you have entered into a Deferred Payment Agreement with us and have failed to make the deferred payments you agreed to, your service will be subject to disconnection unless you pay the entire amount due within eight days.
If you have a reason for delaying the payment, call us and explain the situation.
PLEASE CALL THIS TELEPHONE NUMBER, (Appropriate telephone number), IMMEDIATELY IF:
1.
You dispute the notice of delinquent account.
2.
You have a question about your Utility service arrears.
3.
You are unable to pay the full amount of the bill and are willing to enter into a deferred payment agreement with us.
4.
There are any circumstances you think should be taken into consideration before service is discontinued.
5.
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 of 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 you are a residential customer and, 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 an 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 length 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 the 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.

§ 563-26 Collection of overdue bills.

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

§ 563-27 Surreptitious use of water.

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 to service unmetered as a result of such interference, and such bill shall be payable subject to a twenty-four 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 damage on 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.

§ 563-28 Vacation of premises. [1]

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 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).

§ 563-29 Repairs to mains.

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.

§ 563-30 Duty of utility with respect to safety of public.

It shall be the duty of the Utility to see that all open ditches for artery 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, insure the safety of the public.

§ 563-31 Handling water mains and service pipes in sewer or other trenches.

Contractors must ascertain for themselves the existence and location of all service pipes. Where they are removed, cut or damaged during trench construction, the contractor must at his own expense cause them to be replaced or repaired at once. Contractors must not shut off the water service pipe to any consumer for a period exceeding six hours.

§ 563-32 Protective devices.

A. 
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 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 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 drain pipe. (See applicable City 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 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 drain cock for water drainage and replenishment of air.

§ 563-33 Cross-connection control.

A. 
Definition. A "cross-connection" shall be defined as any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the City of Prescott water system, and the other, water from a private source, water of unknown or questionable safety, or steam, gases, or chemicals, whereby upon loss of pressure or any pressure condition, there may be a flow from one system to the other.
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 City, 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 Utility and by the Wisconsin Department of Natural Resources in accordance with § NR 811.09(2), Wis. Adm. Code.
C. 
Inspections. It shall be the duty of the City of Prescott 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 City of Prescott Water Utility and as approved by the Wisconsin Department of Natural Resources.
D. 
Right to inspect. Upon presentation of credentials, the representative of the City of Prescott 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 City for cross-connections. If entry is refused, such representative shall obtain a special inspection warrant under § 66.0119, Wis. Stats. On request the owner, lessee or occupant of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property.
E. 
Discontinuation of service. The City of Prescott Water Utility is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this article 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 article.
F. 
Immediate discontinuation. If it is determined by the Prescott 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 City Clerk 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
State Code adopted. The City adopts by reference the State Plumbing Code of Wisconsin being Chs. SPS 381 to 387, Wis. Adm. Code.
H. 
Section not to supersede other ordinances. This section does not supersede the State Plumbing Code and any City plumbing ordinances but is supplementary to them.

§ 563-34 Water and sewer main extension rule.

Water and sewer mains will be extended for new customers on the following basis:
A. 
Where the cost of the extension is to immediately be collected through assessment by the City against the abutting property, the procedure set forth under § 66.0703 of the Wisconsin Statutes will apply, and no additional customer contribution to the Utility will be required.
B. 
Where the municipality is unwilling or unable to make a special assessment, the extension will be made on a customer-financed basis as follows:
(1) 
The applicant 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 contributors. 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 new customer(s) is connected to an existing main, not financed by customer contributions, it shall not be considered as a main extension and no contribution may be collected from the customers. This provision applies to mains installed after the effective date of this rule.

§ 563-35 Private well abandonment.

A. 
Purpose. The purpose of this article is to prevent contamination of groundwater and to protect public health, safety and welfare by assuring that unused, unsafe or noncomplying wells, or wells which may serve as conduits for contamination, or wells which may be illegally cross-connected to the municipal water system, are properly abandoned.
B. 
Applicability.
(1) 
All wells within the corporate limits of the City of Prescott which are in unusable condition, unsafe or which do not comply with Ch. NR 812, Wis. Adm. Code, or which may serve as conduits for groundwater contamination, shall be abandoned in accordance with this article by December 31, 1990 (or within one year after connection to the municipal system becomes available), unless a well operation permit has been granted pursuant to Subsection C below.
(2) 
Premises where municipal water service is not available are exempt from this article.
(3) 
Where feasible, noncomplying wells and pump installations may be upgraded to comply with Ch. NR 812, Wis. Adm. Code. A private well may be temporarily abandoned under provisions of Ch. NR 812, Wis. Adm. Code. A well constructed for potable use may not be considered a nonpotable well to avoid the applicability of this article.
(4) 
If water from a private well is known to produce water which exceeds a Department of Natural Resources (DNR) health advisory, a primary standard in Ch. NR 809, Wis. Adm. Code, or an enforcement standard in Ch. NR 140, Wis. Adm. Code, a well operation permit shall not be issued without approval of the Department of Natural Resources.
(5) 
All illegal cross-connection exists where a private well is connected to a plumbing system which is also connected to the municipal system. Chs. SPS 382 and NR 811, Wis. Adm. Code, prohibit such connections.
C. 
Well operation permits. A permit may be granted to a well owner to operate a private well for a period not to exceed five years. At the end of a permit period, the well owner may apply for a renewal of a permit upon submittal of updated information necessary for a permit application. The City of Prescott may conduct inspections or have water quality tests conducted at the applicant's expense to obtain or verify information necessary for consideration of a permit. Permit applications shall be made on forms provided by the Clerk. The following requirements must be met before a well operation permit is issued:
[Amended 5-29-2012 by Ord. No. 08-12]
(1) 
The well has a functional pumping system and its use can be justified in addition to water provided by the public water system.
(2) 
The well has a history of producing bacteriological safe water and presently produces bacteriological safe water as demonstrated by providing a copy of the results of a water sample analyzed at a state certified laboratory within three months preceding the request for well operation permit or permit renewal.
(3) 
The well and pump installation meets the requirements of Ch. NR 812, Wis. Adm. Code, as certified by a Department of Natural Resources licensed well driller or pump installer or by Department of Natural Resources staff evaluation.
(4) 
No physical connection exists between the piping of the public water system and the private well.
D. 
Abandonment methods. Wells shall be abandoned according to the procedures outlined in Ch. NR 112, Wis. Adm. Code. The pump and piping must be removed and the well checked for obstructions prior to abandonment. Any obstruction or liner must be removed, if possible. Filling with unapproved materials or use of unacceptable procedures is prohibited.
E. 
Report and inspection. An Abandonment Report Form, Department of Natural Resources No. 3300-5, is available at the Clerk's office and must be submitted to the Clerk within 10 days of abandonment completion. Forty-eight-hours' advance notice of well abandonment work must be provided to the Clerk so the filling may be observed by a representative of a municipality. The Clerk shall send a copy of Form 3300-5 to the appropriate Department of Natural Resources district office within 10 days of receipt of the completed form.
F. 
Penalties. A person, firm or other well owner violating any provision of this article shall, upon conviction, be punished by forfeiture as prescribed in § 1-4, together with the cost of prosecution. Each day during which a violation exists shall be deemed and constitute a separate offense. If any person fails to comply with this article for more than 10 days after notice, in writing, the City may impose a penalty or may cause the abandonment to be done, and the expense thereof shall be assessed as a special tax against the property.
[Adopted 11-26-2012 by Ord. No. 15-12; amended 1-11-2016 by Ord. No. 14-15]

§ 563-36 Purpose.

The purpose of this article is to provide for a program for protecting the public water system from contamination due to backflow of contaminants through the water service connection into the public water system as required by Chapters NR 810 and SPS 382, Wisconsin Administrative Code.

§ 563-37 Definitions.

As used in this article, the following terms shall have the meanings indicated:
CROSS-CONNECTION
Any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the City of Prescott Municipal 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.

§ 563-38 Prohibited connections.

No person shall establish or maintain or permit to be established or 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 City may enter the supply or distribution system of the City, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall be approved by the Water Utility and by the Department of Natural Resources in accordance with Ch. NR 810.15, Wis. Adm. Code. Approval of the department shall be obtained prior to the interconnection.

§ 563-39 City responsibility.

The City water utility shall be responsible for the protection of the public potable water source and distribution system from contamination or pollution due to backflow of contaminants or pollutants. The utility shall charge fees according to the utility's Cross Connection Control Manual for maintaining a comprehensive cross connection control protection plan.

§ 563-40 Owner responsibility.

The property owner shall be responsible for the protection of the customer's potable water system. The responsibilities include the elimination of or protection from all cross connections on his or her premises. The owner shall, at his or her own expense, install, maintain and test any and all backflow preventers on his or her premises in compliance with the Department of Safety and Professional Services Code SPS 382.21 requirements and the Utility's Cross Connection Control Manual. The property owner shall have corrected any malfunction revealed by periodic testing of any backflow preventer on his or her premises. The property owner shall inform the Utility of any proposed or modified cross connections and also any existing cross connections that are not protected by an approved backflow prevention means.

§ 563-41 Surveys.

It shall be the duty of the utility to cause surveys to be made of all properties serviced by the utility where cross connections with the public water supply and system is deemed possible. Residential properties serviced by the utility shall be surveyed on a ten-year interval. The utility may, but is not required to, perform the cross connection survey of the customer's property. All nonresidential properties serviced by the utility shall be surveyed on an interval not exceeding two years. The frequency of required surveys and resurveys, based upon the potential health hazards, may be shortened by the utility. If, in the opinion of the utility, the utility is not able to perform the survey, the property owner must, at his or her own expense, have the water system piping surveyed by a utility-approved surveyor for cross connections by a person who has been properly trained in accordance with the American Society of Sanitary Engineers (ASSE) Standard No. 5120 as a cross connection control surveyor. The utility shall charge fees as approved by the State of Wisconsin Public Service Commission for on-premises follow-up visits by utility personnel or their designee for reinspection due to customer noncompliance and for after-hour's inspections or reinspections.

§ 563-42 Authority to discontinue service.

The utility is hereby authorized and directed to discontinue water service, or cause discontinued use of a private well in City limits, to any property wherein any connection in violation of this article exists, and to take such other precautionary measures deemed necessary to eliminate any damage of contamination of the potable water system. Water service shall be discontinued if the means of backflow prevention required by the utility is not installed, tested, maintained and/or repaired in compliance with this article, the Department of Safety and Professional Services Code SPS 382 through 384 and the utility's Cross Connection Control Manual, or if it is found that the means of backflow prevention required by this article has been removed or bypassed. Water service shall be discontinued only after reasonable notice and opportunity for hearing under Ch. 68, Wis. Stats. except as provided in § 563-44 of this article.

§ 563-43 Reconnection of service.

Water service to any property disconnected under provisions of this article shall not be restored until the cross connection(s) has been eliminated or a backflow prevention means approved by the utility has been installed in compliance with the provisions of this article. The utility shall charge fees as approved by the State of Wisconsin Public Service Commission for the reconnection of the water service.

§ 563-44 Emergency discontinuance of service.

If it is determined by the utility that a cross connection or an emergency endangers public health, safety or welfare and requires immediate action, service may be immediately discontinued. The owner, lessee or occupant shall have an opportunity for hearing under Ch. 68, Wis. Stats., within 10 days of such emergency discontinuance. Such hearing shall be before the City Public Works Committee and shall conform to all existing due process requirements.

§ 563-45 Plumbing Code.

The City Public Works Committee adopts by reference the Wisconsin Safety and Professional Services, being Ch. SPS 382 through 384, Wis. Adm. Code. This article does not supersede the Wisconsin Uniform Plumbing Code and/or the Plumbing Ordinance, but is supplementary to it.