[Amended by Ord. No. 856]
As used in this subchapter, the following terms shall have the
meanings indicated:
As is stated in W.S.A. s. 145.01(10)(a), (c), (d) and (e).
[Amended 9-8-1999 by Ord. No. 1419]
The construction, connection to or alteration of any drain,
soil or waste pipe to carry domestic sewage, stormwater or industrial
waste from a point three feet outside of the foundation walls of any
building to the sewer lateral at the curb or other disposal terminal,
including the private sewage disposal or treatment plant. This definition
does not include minor repairs to faucets and the removal of stoppages
in soil or waste pipes.
[Amended 6-7-2006 by Ord. No. 1649]
The provisions and regulations of W.S.A. Ch. 145 and Wis. Adm.
Code Comm. Chs. 82 to 87 and Comm. Ch. 25 are hereby made a part of
this chapter by reference and shall extend over and govern the installation
of all plumbing installed, altered or repaired in the City. Any further
amendments, revisions and modifications of said Wisconsin Statutes
and code incorporated herein are intended to be made part of this
subchapter.
(1)Â
He or she shall perform such duties as are provided for in W.S.A.
s. 145.05(1) and this code and shall make annual reports to the Council.
(2)Â
He or she shall enforce all of the provisions of this subchapter
and shall prepare suitable forms for applications, permits and other
reports.
(3)Â
He or she shall be certified by the Department of Commerce to make
the necessary inspections to enforce the plumbing section of the Wisconsin
Uniform Dwelling Code.
[Amended 9-8-1999 by Ord. No. 1419]
(4)Â
He or she may enter all buildings in the performance of his or her
duties during reasonable hours, and no person shall willfully or knowingly
resist or obstruct the Plumbing Inspector in the performance of his
or her duties.
(5)Â
He or she may withhold approval of an application for a plumbing
permit to any person who has not complied with a lawful order of the
Plumbing Inspector. The person refused such a permit may appeal within
20 days to the Board of Zoning Appeals.
(1)Â
For new construction, no plumbing shall be installed in the City
without first filing a complete set of plans with the Plumbing Inspector
and receiving a permit. Licensed master plumbers only may receive
such permits, except a permit may be issued to a property owner to
repair, maintain or install plumbing in a single-family residence
which is owned and occupied by such owner as his or her home.
(2)Â
A permit shall be applied for and received before excavating in any
street, alley or other public way to repair, alter or install plumbing.
(1)Â
There shall be a charge as set by Council resolution based on the
number of fixtures, plus a filing fee as set by Council resolution.
[Amended by Ord. No. 928; 12-8-1999 by Ord. No. 1438]
(2)Â
In the event that plumbing work is commenced before a permit is issued
or permission to start is granted by the Building Inspector, the applicable
fee shall be tripled.
[Amended 8-8-2018 by Ord.
No. 1949]
The plumber in charge shall notify the Plumbing Inspector whenever
any work is ready for inspection (i.e., soil, vent, underground drain,
final inspection). All plumbing work shall be left exposed until such
time as the Inspector has completed his or her examination and inspection.
When, in the opinion of the Inspector, a test in addition to Wis.
Adm. Code H62.21 is necessary, he or she may require a water or air
test in any part of or the entire installation.
[Amended 9-8-1999 by Ord. No. 1419]
All septic tanks shall be removed or emptied and filled with
earth. Shutoff valves shall be installed at inlet and outlet points
at each meter. Each dwelling unit or business must have a separate
water service connection to the water mains.[1]
(1)Â
Discharge. No person shall cause, allow or permit any roof drain,
surface drain, subsoil drain, drain from any mechanical device, gutter,
ditch, pipe, conduit, sump pump or any other object or thing used
for the purposes of collecting, conducting, transporting, diverting,
draining or discharging clear water from any part of any private premises
owned or occupied by said person to discharge into a sanitary sewer.
(2)Â
Nuisance. The discharge into a sanitary sewer from any roof drain,
surface drain, subsoil drain, drain from any mechanical device, gutter,
ditch, pipe, conduit, sump pump or any other object or thing used
for the purposes of collecting, conducting, transporting, diverting,
draining or discharging clear water from any part of any private premises
is hereby declared to be a public nuisance and a hazard to the health,
safety and well-being of the residents of the City and to the protection
of property.
(3)Â
Groundwater. Where deemed necessary by the City Building Inspector, every house shall have a sump pump installed for the purpose of discharging clear waters from foundation drains and ground infiltration and where the building is not serviced by a storm sewer shall either discharge into an underground conduit leading to a drainage ditch, gutter, dry well or shall discharge onto the ground surface in such other manner as will not constitute a nuisance either as defined herein or as defined in § 9.02 of this Code.
(4)Â
Stormwater. All roof drains, surface drains, drains from any mechanical device, gutters, pipe, conduits or any other objects or things used for the purpose of collecting, conducting, transporting, diverting, draining or discharging stormwaters shall be discharged either into a storm sewer, a dry well, an underground conduit leading to a drainage ditch or onto the ground surface in such other manner as will not constitute a nuisance either as defined herein or as defined in § 9.02 of this Code.
(5)Â
Storm sewer lateral. Where municipal storm sewers are provided and
it is deemed necessary by the property owner and/or the City to discharge
clear waters from a parcel of land, a storm sewer lateral shall be
installed and connected to the storm sewer main at the expense of
the owner.
(6)Â
Conducting tests. If the City Building Inspector, the Plumbing Inspector
or his or her designated agent suspects an illegal clear water discharge,
as defined by this code or by any other applicable provision of the
Wisconsin Administrative Code as it may from time to time be amended,
he or she may, upon reasonable notice and at reasonable times, enter
the private premises where such illegal clear water discharge is suspected
and conduct appropriate tests to determine whether such suspected
illegal clear water discharge actually exists.
(7)Â
Prohibitions. No person shall cause, allow or permit drainage of
clear water from any sump pump across any sidewalk, street or other
public area.
[Added by Ord. No. 941A]
(1)Â
Purpose. The purpose of this section is to provide 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. Wisconsin Administrative Code NR 811 and ILHR 82 require
protection of the public water system from contaminants due to backflow
of contaminants through the water service connection. The Departments
of Natural Resources and Commerce require the maintenance of a continuing
program of cross-connection control which will systematically and
effectively prevent the contamination of all potable water systems.
[Amended 9-8-1999 by Ord. No. 1419; 6-11-2008 by Ord. No. 1707]
(2)Â
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 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.
(3)Â
Prohibitions. 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 City unless such private, auxiliary
or emergency water supply and the method of connection and use of
such supply shall have been approved by the Plumbing Inspector and
by the Department of Natural Resources in accordance with Wis. Adm.
Code NR 811.25(3).
[Amended 6-11-2008 by Ord. No. 1707]
(4)Â
Enforcement. It shall be the duty of the Plumbing Inspector and the
Shawano Municipal Utilities to cause inspections to be made of all
properties served by the public water system where cross-connections
with the public water system are deemed possible. The frequency of
inspections and reinspections based on potential health hazards involved
shall be established by the Plumbing Inspector and as approved by
the Department of Natural Resources.
(5)Â
Right of entry. Upon presentation of credentials, the representative
of the City 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
W.S.A. s. 66.122. 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.
(6)Â
Right to discontinue service. The City 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 W.S.A. Ch. 68, except as provided in Subsection (7) below. Water service to such property shall not be restored until the cross-connection has been eliminated in compliance with the provisions of this section.
(7)Â
Emergency situations. If it is deemed by the City 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 Plumbing Inspector of the City and delivered to the customer's
premises, service may be immediately discontinued. The customer shall
have an opportunity for hearing under W.S.A. Ch. 68 within 10 days
of such emergency discontinuance.
(8)Â
State code adopted. The City adopts, by reference, the State Plumbing
Code of Wisconsin, being Wis. Adm. Code ILHR 82.
(9)Â
Effect. This section does not supersede the State Plumbing Code and
this subchapter, but is supplementary to them.
[Added by Ord. No. 940A; amended by Ord. No.
1085A]
(1)Â
Authority. Wisconsin Administrative Code Ch. NR 811 directs suppliers
of water for municipal water systems to require the abandonment of
all unused, unsafe or noncomplying wells located on the premises served
by their system, by local ordinance or water utility rule, to prevent
such wells as acting as channels for contamination or vertical movement
of water and to eliminate all existing cross-connections and prevent
all future cross-connections.
[Amended 6-11-2008 by Ord. No. 1707]
(2)Â
Purpose. The purpose of this section is to prevent contamination
of groundwater and to protect public health, safety and welfare by
assuring that unused, unsafe or noncomplying wells or wells which
may serve as conduits for contamination of wells which may be illegally
cross-connected to the municipal water system are properly abandoned.
(3)Â
Applicability. This section applies to all wells located on premises
served by the Shawano municipal water system.
(4)Â
MUNICIPAL WATER SYSTEM
NONCOMPLYING
PUMP INSTALLATION
UNSAFE
UNUSED
WELL
WELL ABANDONMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A system for the provision to the public of piped water for
human consumption when such system has at least 15 service connections
or regularly serves at least 25 year-round residents owned or operated
by a city, village, county, town, town sanitary district, utility
district or public institution as defined in Wisconsin Statutes, or
a privately owned water utility serving any of the above.
A well or pump installation which does not comply with the
provisions of Wis. Adm. Code NR 812 in effect at the time the well
was constructed, a contamination source was installed, the pump was
installed or work was done on either the well or pump installation.
[Amended 6-11-2008 by Ord. No. 1707]
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.
A well or pump installation which produces water which is
bacteriologically contaminated or contaminated with substances in
exceedance of the standards of Wis. Adm. Code NR 109 and 140, or for
which a health advisory has been issued by the Department of Natural
Resources.
A well or pump installation which is not in use or does not
have a functional pumping system.
An excavation or opening into the ground made by digging,
boring, drilling, driving or other methods for the purpose of obtaining
groundwater for consumption or other use.
The filling and sealing of a well according to the provisions
of Wis. Adm. Code NR 812.
[Amended 6-11-2008 by Ord. No. 1707]
(5)Â
Abandonment required. All wells located on premises served by the
municipal water system shall be abandoned in accordance with the terms
of this section and Wis. Adm. Code NR 812 by December 31, 1990, or
no later than one year from the date of connection to the municipal
water system, whichever occurs last, unless a well operation permit
has been obtained by the well owner from the City Municipal Utilities.[1]
[Amended 6-11-2008 by Ord. No. 1707]
(6)Â
Well operation permit. The City Municipal Utilities may grant a permit
to a private well owner to operate a well for a period not to exceed
five years, provided that the conditions of this section are met upon
the payment of the permit fee as set by Council resolution, which
payment is due the Shawano Municipal Utilities. An owner may request
renewal of a well operation permit by submitting information verifying
that the conditions of this section are met. Water quality tests,
well inspections and any other tests which may be necessary shall
be conducted at the applicant's expense, said tests being necessary
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 Shawano Municipal Utilities. Any additional
charges or costs shall be paid by the applicant. The following conditions
must be met for issuance or renewal of a well operation permit.
[Amended 12-8-1999 by Ord. No. 1438]
(a)Â
The well and pump installation meet or are upgraded to meet
the requirements of Wis. Adm. Code NR 812.
[Amended 6-11-2008 by Ord. No. 1707]
(b)Â
The well construction and pump installation have a history of
producing bacteriologically safe water as evidenced by at least one
sampling. No exception to this condition may be made for unsafe wells
unless the Department of Natural Resources approves, in writing, the
continued use of the well.
[Amended 6-11-2008 by Ord. No. 1707]
(c)Â
There are no cross-connections between the well and pump installation
and the municipal water system.
(d)Â
The proposed use of the well and pump installation can be justified
as being necessary in addition to water provided by the municipal
water system.
(7)Â
Abandonment procedures.
(a)Â
All wells abandoned under the jurisdiction of this section or
rule shall be abandoned according to the procedures and methods of
Wis. Adm. Code NR 812. All debris, pump, piping, unsealed liners and
any other obstructions which may interfere with sealing operations
shall be removed prior to abandonment.
[Amended 6-11-2008 by Ord. No. 1707]
(b)Â
The owner of the well, or the owner's agent, shall notify the
Shawano Municipal Utilities at least 48 hours prior to commencement
of any well abandonment activities. The abandonment of the well shall
be observed by the Shawano Municipal Utilities or its agent.
(c)Â
An abandonment report form, supplied by the Department of Natural
Resources, shall be submitted by the well owner to the Shawano Municipal
Utilities and the Department of Natural Resources within 10 days of
the completion of the well abandonment.
(8)Â
Penalties. Any well owner violating any provision of this section
shall, upon conviction, be punished by a forfeiture of not less than
$50 nor more than $100 and the cost of prosecution. Each day of violation
is a separate offense. If any person fails to comply with this section
for more than 10 days after receiving written notice of the violation,
the municipality may impose a penalty and cause the well abandonment
to be performed and the expense to be assessed as a special tax against
the property.[2]
[Amended 1-10-2007 by Ord. No. 1675]
Any person violating any of the provisions of this subchapter
shall, upon conviction for the first violation thereof, forfeit a
sum of not less than $100 nor more than $1,000, together with the
costs of prosecution, and for the second and each subsequent violation,
the sum of not less than $300 nor more than $1,000 for each violation,
together with the costs of prosecution. A separate offense shall be
deemed committed each day during or on which a violation occurs or
continues, and a prosecution of this subchapter shall not affect any
other rights of the City or any citizen, in law or in equity, under
this subchapter or otherwise.[1]