[HISTORY: Adopted by the Village Board of the Village of
Blue Mounds as Ch. 21 of the 2001 Village Code. Amendments noted where
applicable.]
Any existing regulations heretofore filed with and approved
by the State Public Service Commission are hereby adopted as part
of this chapter of the Village Code.
A.
Control of the Water Utility for the Village of Blue Mounds is vested
in the Village Board. All records, minutes and all written proceedings
thereof shall be kept by the Village Clerk/Treasurer or his/her deputy.
The Village Clerk/Treasurer shall keep all the financial records.
B.
The Water Utility of the Village shall have the power to construct
water lines for public use, fountains at such places on said system
as the Village, acting through said Board, shall determine; and also
shall have the power to lay water pipes in and through the alleys,
streets and public grounds of the Village; and generally, to do all
such work as may be found necessary or convenient in the management
of the water system. The Board shall have power by themselves, their
officers, agents and servants, to enter upon any land for the purpose
of making examination or supervise in the performance of their duties
hereunder, without liability therefor; and the Board shall have power
to purchase and acquire for the Village, all real and personal property
which may be necessary for construction of the water system, or for
any repair, remodeling or additions thereto.
C.
Condemnation of real estate. Whenever any real estate or any easement
therein, or use thereof, shall in the judgment of the Board, be necessary
to the water system; and whenever, for any cause an agreement for
the purchase thereof, cannot be made with the owner thereof, the Board
shall proceed with all necessary steps to acquire such real estate
easement, or use by condemnation in accordance with the Wisconsin
Statutes.
D.
Title to real estate and personalty. All property, real, personal
and mixed, acquired for the construction of the water system, and
all plans, specifications, diagrams, papers, books and records connected
therewith said water system, and all buildings, machinery and fixtures
pertaining thereto, shall be the property of the Village.
A.
The rules, regulations and water rates of the water system of the
Village of Blue Mounds hereinafter set forth, as may be from time
to time amended, shall be considered a part of the contract with every
person, company or corporation who is supplied with water through
the water system of the Village; and every such person, company or
corporation, by taking water or connecting with the water system,
shall be considered as expressing his, her or their assent to be bound
thereby.
B.
Except as otherwise required by state statute or Wis. Admin. Code Ch. PSC 185, whenever any of said rules and regulations, or such others as said Village Board may hereafter adopt, are violated, the water shall be shut off from the building or place of such violation (even though two or more parties are receiving water through the same pipe), and shall not be let on again except by order of the Board. The user shall be required to correct such violation within 10 days of receiving written notice of violation from the Village. If, after 10 days' notice in writing, such user permits the violation to continue, he/she/it shall, upon conviction thereof, be subject to a forfeiture as provided in § 357-4J of this chapter. Each day in which any violation continues to exist, after the effective date of notice, shall be deemed a separate violation. The violation shall be determined to be in effect until such violation is corrected by payment of all arrears, the expenses and established charges of shutting off and turning on, and such other terms as the Board may determine, and a satisfactory understanding with the party that no further cause for complaint shall arise. In case of conviction of violation of this section, the Board, furthermore, may declare any advance payment made for the water, by the party or parties committing such violation, to be forfeited, and the same shall thereupon be forfeited.
C.
The right is reserved to the Board to change said rules, regulations,
and water rates from time to time as they may deem advisable; and
to make special rates and contracts in all proper cases; all subject
to the authority of the Wisconsin Public Service Commission.
A.
Consumers.
(1)
Mandatory hookup. Pursuant to Wis. Stats. § 281.45, the
owner of each parcel of presently occupied land that can be served
by said water system shall hook up thereto on or before September
1, 1921, unless otherwise extended. Any parcel of land which hereafter
becomes occupied shall be hooked up to said water system by the owner
thereof on or before September 1, 1921, or, if after September 1,
1921, within 30 days of occupancy.
(2)
Application for service.
(a)
Every person connecting with the water system after September
1, 1921, shall file an application in writing to the Board in such
form as is prescribed for that purpose.
[1]
Although the Water Utility and Sewer Utility are separate, and
purely as a matter of convenience, the application for service shall
include information regarding both the water and sewer systems.
(b)
Blanks for such applications will be furnished at the office
of the Village Clerk/Treasurer. The application must state fully and
truly all the use that will be allowed except upon further application,
and permission regularly obtained from said Board.
(c)
The application must provide the complete, correct, legal description
of the property to be served.
(d)
If the applicant is not the owner of the premises, the written
consent of the owner must accompany the application. Persons connected
to the water system of the Village of Blue Mounds are referred to
herein as "consumers."
(e)
If it appears that the service applied for will not provide
adequate service for the contemplated use, the Board may reject the
application. The Board will also generally reject an application for
water without an application for sewer. If the Board shall approve
the application, it shall issue a permit for the services as shown
on the application.
(3)
Deposit. No deposit shall be required of new residential customers
except as provided in Wis. Admin. Code Ch. PSC 185.36.
(4)
Tap permits. After water connections have been introduced into any
building or upon any premises, no plumber shall make any tap or connection
with the pipes upon such premises, for alterations, extensions or
attachments, unless the party ordering such tapping or other work
shall exhibit the proper permit for the same from the Board.
(5)
Consumers to conserve water. All consumers shall keep the hydrants,
taps, hose, water closets, urinals, baths, or other fixtures allotted
to their use, closed except when obtaining water for use; and shall
be responsible for any damage or injury that may result to others
from the improper use of said water.
(6)
Consumer to keep in repair. All consumers shall keep their own service
pipes, stop cocks and apparatus in good repair and protected from
frost, at their own risk and expense. All expenses relating to the
introduction of water into buildings or private premises shall be
paid by the applicant. No charge, however, shall be made for the services
of the superintendent in directing where and in what manner the mains
shall be tapped, and excavations made in the street for laying pipe.
(7)
Consumers use only. No consumer shall supply water to others, nor
suffer others to take it off his/her premises.
(8)
Inspections. The utility shall make inspections of pipes and fixtures,
and the manner in which water is used, with or without a warrant,
as provided by Wis. Stats, § 66.0119.
(9)
Utility responsibility. It is expressly stipulated that no claim
shall be made against the Village Board by reason of the breaking,
clogging, stoppage, or freezing of any service pipe or service cock;
nor, if from any cause, the supply of water shall fail; nor from any
damage arising from shutting off water to repair mains, making connections
or extensions; for any other work that may be deemed necessary. The
right is hereby reserved to cut off the supply of water at any time
for the purpose of repairs or any other necessary purpose, any permit
granted or regulation to the contrary notwithstanding. Whenever it
shall become necessary to shut off the water supply within any district
of said Village, the Board, by its agent, shall, if practicable, give
notice to each and every consumer within said Village, of the time
when such supply will be so shut off.
(10)
Meters. It shall be the duty of the owner of any premises to
provide a location for a water meter, and to maintain such location
and passageway thereto, clean and sanitary and free from any obstruction
or any condition of a hazardous nature. No connection for water meters
shall be installed in any location not easily accessible, or which
is, or may be unclean, unsanitary or in any manner unsafe to the utility
employees in the discharge of their duties.
B.
Excavations.
(1)
In making excavations in streets or highways for laying service pipe
or making repairs, the planks, paving stones and earth removed must
be deposited in a manner that will occasion the least inconvenience
to the public, and provide for the passage of water along the gutters.
(2)
No person shall leave any such excavation made in any street or highway
open at any time without barricades; and during the night, warning
lights must be maintained at such excavations.
(3)
In refilling the opening, after the service pipes are laid, the earth
must be laid in layers of not more than nine inches in depth, and
each layer thoroughly rammed or puddled to prevent settling. And this
work, together with the replacing of sidewalks, ballast and paving,
must be done so as to make the street as good, at least, as before
it was disturbed, and satisfactory to the Board. No opening of the
streets for tapping the mains will be permitted when the ground is
frozen.
C.
Tapping the mains.
(1)
No persons, except those having special permission from the Board,
or persons in their service and approved by them, will be permitted,
under any circumstances, to tap the mains or collection pipes, or
insert stop cocks or ferrules therein. The kind and size of the connection
with the mains or collection pipes shall be that specified in the
permit or order from said Board.
(2)
Mains must always be tapped on the top, and not within six inches
of the hub, or another tap.
(3)
Collection pipes should always be tapped on top and not within six
inches of the joint, or within 24 inches of another lateral connection.
D.
Water service rates.
(1)
Water utility rules. Standard rules published by the Public Service
Commission of Wisconsin (small utility rules) and the rates adopted
by the Public Service Commission's Finding of Fact, Conclusion
of Law, and Order dated 9-6-1994 are hereby adopted by the Village
as applicable to the Village of Blue Mounds Water Utility.
(2)
Standby water service.
(a)
A standby charge shall apply to each lot or equivalent parcel
of land* for which water system facilities are available but are not
connected. Where more than one lot or equivalent is used as a unit
and a customer is connected, the total charge for water service to
such customer shall be not less than the standby charge applicable
to the several lots.
[Amended 1-14-2009 by Ord. No. A-196]
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*
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An equivalent parcel of land shall be each full 100 feet where
unplatted, except that any isolated parcel of less than 100 feet shall
be equivalent to a lot.
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(b)
Rates. The rate shall be $3.50 per month or $10.50 per quarter
(effective 11-20-2001, per PSCW authorization).
[Amended 1-14-2009 by Ord. No. A-196]
(c)
Billing. Standby service shall be billed quarterly. The utility
will certify quarterly standby charges to the Village Clerk/Treasurer
each year, and the Clerk/Treasurer will insert same as a tax against
such lot or parcel of real estate. Charges under quarterly billing
will be subject to the same billing rule as general service customer.
E.
Miscellaneous rules and regulations.
(1)
Vacation of premises and discontinuance of service. Whenever premises
served by the system are to be vacated, or whenever any person desires
to discontinue service from the system; the utility must be notified
in writing so that it may remove the meter and shut off the water.
The owner of the premises shall be liable for any damages to the property
of the utility by reason of failure to notify the utility of a vacancy
or any such damage which may be discovered having occurred to the
utility or its employees, representatives or agents.
(2)
Charges are a lien on property. The water service charges, including
monthly service charge, or standby charge, as may be applicable, may
become a lien against property. Water service charges shall be collected
and taxed and shall be a lien upon the property served in the same
manner as prescribed and in accordance with the provisions Wis. Stats.
§ 66.0809, incorporated herein by reference so far as applicable
and not inconsistent herewith, and as amended from time to time.
(3)
On October 15 in each year, notice shall be given to the owner or
occupant of all lots or parcels of real estate to which service has
been furnished prior to October 1 and payment for which is owing and
in arrears at the time of giving such notice. The notice shall be
given by the Clerk/Treasurer unless the Board from time to time shall
authorize otherwise. Such notice shall be in writing, shall state
the amount of such arrears, including any such penalty assessed pursuant
to the rules of the utility; and state that unless the same is paid
by November 1 thereafter, a penalty shall be paid of 10% of such amount
of the arrears will be added thereto; and that unless such arrears,
with any such added penalty, shall be paid by November 15; thereafter,
the same will be levied as a tax against the lot or parcel of real
estate to which service was furnished and for which payment is delinquent
as above specified. Such notice may be served by delivery to either
such owner or occupant personally, or by letter addressed to such
owner or occupant at the post office address of such lot or parcel
of real estate. On November 16, the Treasurer, or officer or department
issuing the notice shall certify and file with the Clerk a list of
all lots or parcels of real estate giving the legal description thereof,
to the owners or occupants, of which notice of arrears still remain
unpaid, and stating the amount of such arrears together with the added
penalty thereon as herein provided. Each such delinquent amount, including
such penalty, shall thereupon become a lien upon the lot or parcel
of real estate to which the service was furnished and payment for
which is delinquent, and the Clerk/Treasurer shall insert the same
as a tax against such lots or parcels of real estate.
F.
Maintenance of services. All water services within the corporate
limits of the Village of Blue Mounds from the street main to the location
of the curb stop and including all controls between the same, will
be maintained by the Water Utility without expense to the property
owner, except when they are damaged as a result of negligence or carelessness
on the part of the property owner, a tenant, or an agent of the owner,
in which case they will be repaired at the expense of the property
owner. All water services from the point of maintenance by the utility
to and throughout the premises must be maintained free of defective
conditions, by and at the expense of the owner or occupant of the
property. If the property owner does not repair an existing leak in
the water line between the curb stop and the building within 24 hours,
the water will be shut off and remain off until the repair is made.
If the property owner does not repair a break in the sewer line, allowing
clear water infiltration between the property line and building within
24 hours, the service may be repaired by the Village and charged back
to the property owner. When any water service is to be relaid and
there are two or more buildings on such service, each building shall
be disconnected from such service and a new water and sewer service
shall be installed for each building.
G.
Payment of bills.
(1)
Failure to receive bill no penalty exemption. Every reasonable care
will be exercised in the proper delivery of water bills. Failure to
receive a water bill, however, shall not relieve any person of the
responsibility for payment of water rates within the prescribed period,
nor exempt any person from any penalty imposed for delinquency in
the payment thereof.
(2)
Billing. The property owner is held responsible for all water bills
on premises that he/she owns. All water bills and notices of any nature,
relative to the water supply, will be addressed to the owner and delivered
to the premises referred to on such bill or notice.
H.
Penalty for polluting water or injuring waterworks. It shall be unlawful
for any person to willfully pollute or otherwise injure any water
supplied by the system in any tunnel, aqueduct, reservoir, pipe or
other thing, or to willfully injure the system, or any building, machinery
or fixture pertaining thereto, or to willfully and without authority
of the Board impede or derange the flow of water in any tunnel, aqueduct,
pipe or other thing belonging to said system, or to willfully and
without authority of said Board, bore or otherwise cause to leak,
any tunnel, aqueduct, reservoir, pipe or other thing used in the system
for holding, conveying, or distributing water and sewage.
I.
Damage recovery.
(1)
The utility shall have the right of recovery from all persons, any
expense incurred by the utility for the repair or replacement of any
water pipe, curb cock, gate valve, hydrant, or valve box damaged in
any manner by any person by the performance of any work under their
control, or by any negligent act.
(2)
Owners or operators of motor vehicles will be held liable for the
cost of repair of any hydrant damaged by them and the utility will
not be responsible for the damage due the motor vehicle by reason
of such accident.
J.
Penalties. Any person who shall violate any of the provisions of this chapter or any resolution, rule or regulation of the Village of Blue Mounds; or who shall turn on the water into any premises from which the water has been shut off, or into which the water has not yet been turned on; or who shall connect any water main or service pipe without first having obtained a permit therefor; or who shall violate any provisions of the Wisconsin Statutes, Wisconsin Administrative Code, or any other materials which are incorporated by reference, shall upon conviction thereof, be fined as provided in § 1-3 of the Village Code.
K.
Adoption of other rules. There is hereby adopted all the rules and
regulations of the Department of Health Services (Wis. Stats. § 250),
rules and regulations of the State Plumbing Code (Wis. Admin. Code
Chapters SPS 382 and SPS 387), the State Building Codes (Wis. Admin.
Code Chapters SPS 320 through 325), rules and regulations of the Department
of Natural Resources (Wis. Admin. Code Chapter NR 811), and the Public
Service Commission (Wis. Admin. Code Chapter PSC 185) of the State
of Wisconsin insofar as the same are applicable to the Village of
Blue Mounds Water Utility.[1]
A.
A cross-connection shall be defined as any physical connection or
arrangement between two otherwise separate systems, one of which contains
potable water from the Village of Blue Mounds 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.
No person, firm or corporation shall establish or permit to be established
or maintain or permit to be maintained any cross-connection. No interconnection
shall be established whereby potable water from a private auxiliary
or emergency water supply other than the regular public water supply
of the Village of Blue Mounds 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 Village of Blue Mounds Water Utility and
by the Wisconsin Department of Natural Resources in accordance with
Wis. Admin. Code Ch. NR 811.09.
C.
It shall be the duty of the Village Utility, by its appointed representative,
to cause inspections to be made of all properties serviced by the
public water system where cross-connections 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.
Upon presentation of credentials, the representative of the Utility
shall have the right to request entry at any reasonable time to examine
any property served by a connection to the public water system of
the Village of Blue Mounds for cross-connections. If entry is refused,
such representative shall obtain a special inspection warrant under
§ 66.0119, Wisconsin Statutes. 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.
The Blue Mounds Water Utility is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this chapter exists, and to take any 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 Chapter 68, Wisconsin Statutes, except as provided in Subsection F. Water service to such property shall not be restored until the cross-connections have been eliminated in compliance with the provisions of this chapter.
F.
If it is determined by the Blue Mounds Water Utility that a cross-connection
or an emergency endangers public health, safety or welfare and requires
immediate action, and a written finding to that effect is filed with
the Clerk/Treasurer of the Village of Blue Mounds and delivered to
the customer's premises, service may be immediately discontinued.
The customer shall have an opportunity for hearing under Chapter 68,
Wisconsin Statutes, within 10 days of such emergency discontinuance.
G.
The Village of Blue Mounds adopts by reference the Wisconsin State
Plumbing Code as set forth at Wis. Admin. Code Chapters SPS 382 and
SPS 387, as may be amended.
[Amended by Ord. No. A-62]
Except as heretofore provided for public purposes and pursuant
to Wis. Stats. §§ 61.34(2) and 66.0813, the Village
of Blue Mounds elects not to provide water service outside of its
municipal corporate boundaries. Neither water service nor the extension
of water laterals shall be provided or installed by the Village to
or on any premises which is located outside the Village limits.
[Added 10-9-2013 by Ord.
No. A-218]
The following criteria for water softeners for any new construction
or replacement of current softeners be established:
A.
Any water
softener installed within the Village of Blue Mounds after October
30, 2013, must be rated to have a salt efficiency of at least 4,000
grains of hardness removed per pound of salt used.
B.
All water
softeners installed after October 30, 2013, must be approved and inspected
by a representative of the Village of Blue Mounds.
C.
Any water
softener installed after October 30, 2013, must regenerate on demand
only. Water softeners which estimate water usage based on time are
prohibited.
