[HISTORY: Adopted by the Village Board of the Village of
East Troy 4-3-2000 by Ord. No. 2000-2 as Title 9, Ch. 1, and §§ 9-3-1,
9-3-2 and 9-3-4 of the 2000 Code. Amendments noted where applicable.]
A.
Public
Service Commission rates, regulations and rules adopted. The State
of Wisconsin Public Service Commission rates, regulations and rules
currently, and as they may be amended from time to time, are hereby
adopted and incorporated herein as though fully set forth.
B.
Water rates.
All rate schedules are contained in the rate file set forth by the
Public Service Commission of Wisconsin for the East Troy Water Utility.
The schedules are on file in the office of the Village Clerk.
[Amended 12-16-2019 by Ord. No. 2019-18]
C.
Water service.
All persons now receiving water supply from the East Troy Water Utility,
or who may request service in the future, shall be considered as having
agreed to be bound by the rules and regulations as filed with the
Public Service Commission of Wisconsin.
[Amended 6-15-2015 by Ord. No. 2015-02]
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 Village 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.
Prohibition. 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 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 East Troy Municipal Water Utility and by
the Wisconsin Department of Natural Resources, in accordance with
§ NR 810.15(2), Wis. Adm. Code.
C.
Cross-connection inspections. It shall be the duty of the Director of Public Works 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. It shall also be the duty of the owner or occupant of any property upon which any possible cross-connection to the public water system exists to cooperate with the Village's cross-connection inspection program. Upon presentation of proper credentials, a representative of the Village shall be allowed entry at a reasonable time to examine any property served by a connection to the public water system for possible cross-connections. If entry is refused, such Village representative shall obtain a special inspection warrant under § 66.0119, Wis. Stats., to accomplish the inspection, and a special inspection warrant fee in the amount of $400 to cover the Village's costs of procuring and lawfully executing the special inspection warrant shall be payable by the owner or occupant who refused entry absent a special inspection warrant. The special inspection warrant fee shall be collected as a special charge against the property if not timely paid by the property owner or occupant. Upon request, the owner or occupant of any such property shall also furnish to the inspection agency any pertinent information regarding the piping system or systems on such property. Any property owner or occupant who refuses to allow any inspection required herein, including by refusing to follow up with the Village regarding scheduling an inspection, shall be in violation of this subsection and may be cited as set forth in § 1-4.
[Amended 6-15-2015 by Ord. No. 2015-02; 5-4-2020 by Ord. No. 2020-08
D.
Backflow prevention device required. All buildings connected to the
Village of East Troy public water supply shall be equipped with backflow
prevention devices, as designated by the Village Building Inspector
or the Village Director of Public Works or their representatives.
All such devices shall meet Wisconsin Department of Safety and Professional
Services requirements and shall be installed within 30 days of written
notice to the owner of such property to correct such deficiency.
E.
Discontinuance of service; notice; hearing.
(1)
The East Troy Municipal Water Utility is hereby authorized and directed
to discontinue water service to any property wherein any connection
in violation of this section exists and to take such other precautionary
measures deemed necessary to eliminate any danger of contamination
of the public water system. Water service shall be discontinued only
after reasonable notice and opportunity for hearing under Ch. 68,
Wis. Stats., except as provided hereinafter. Water service to such
property shall not be restored until the cross-connection(s) has been
eliminated in compliance with the provisions of this section.
(2)
If it is determined by the Building Inspector or Director of Public
Works, or their representatives, that a cross-connection endangers
public health, safety or welfare and requires immediate action, and
a written finding to that effect is filed with the Village Clerk,
and a copy is 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.
[Amended 12-16-2019 by Ord. No. 2019-18]
A.
Definition. "Well" means an excavation or opening in the ground made
by digging, boring, drilling, driving or other methods for the purpose
of obtaining groundwater.
B.
Compliance.
(1)
General. No new private well or pump for such a well shall be constructed
or installed, nor shall any such existing well or pump be maintained,
except in compliance with the provision of this section. All wells
and pumps, whether new or existing, shall require a well operation
and/or a pump permit.
(2)
Mandatory compliance.
(a)
The owners of all houses, buildings, or other structures used
for or usable for human habitation, or for the conduct of any trade,
business or industry, located within the Village and abutting on any
street, alley or right-of-way in which there is located a water main
are required at the owner's expense to connect to the Village public
water supply, in accordance with this section, within one year after
the public water supply is accessible thereto.
(b)
The Village Building Inspector shall provide official notification
to such owner or his agent by registered mail addressed to the last
known address of the owner or his agent of the requirement to make
connection to the public water supply. The notice shall direct the
owner or his agent to connect the building to such main in the manner
prescribed by the Building Inspector and to install such facilities
as may be reasonably necessary to furnish an adequate supply of pure
water for drinking and to prevent creation of a health nuisance.
(c)
The Village shall provide official notification to such owners
of the requirement to make connection to the public water supply.
If the owner fails to have the connection made, after expiration of
the time provided by the notice, the Village may bring an action against
the owner for violation of this section or may cause connection to
be made by a licensed plumber, under the direction of the Village,
and charge the cost of such connection as a special tax against the
property.
(d)
The owner or his agent may, within 30 days after completion
of the work, file a written option with the Village Treasurer
stating that he cannot pay the cost of connection in one lump sum
and electing that such sum be levied in five equal annual installments,
with interest at the rate of the Village's current cost of borrowing
plus 2% per annum from the date of completion of the work, to be placed
on the tax roll.
[Amended 12-16-2019 by Ord. No. 2019-18]
(e)
By adoption of this section, the Village determines and ordains
that the requirement to connect to the public water supply is necessary
for the preservation of public health, comfort and safety.
(f)
Where public water supply is not available, and will not be
available in a reasonable time, a private water supply system may
be used until such time that a public water supply system becomes
available. Private water supply systems shall be used and installed
in accordance with Chs. NR 811 and NR 812, Wis. Adm. Code.
(3)
Exceptions to mandatory compliance.
(a)
Upon application to the Village Clerk, exception from mandatory
compliance may be permitted based upon the following criteria: the
property which is otherwise subject to mandatory compliance is at
least five acres in area, the structure to be served is a single-family
residence and the building site of the residence is at least 400 feet
from the public water supply.
[Amended 12-16-2019 by Ord. No. 2019-18]
(b)
If the property which is otherwise subject to mandatory compliance meets the criteria enumerated in Subsection B(3)(a), the Village may grant permission for the installation of a private water supply system for a period of five years following the installation of the private water supply system, unless the property is transferred, conveyed and/or sold during this period or the private water supply system requires reconstruction during this period. At the end of the five-year period, the Village may require that the residence be connected to the public water supply system if the property is then served by such a system or may renew such permit for an additional five-year period if the requirements of Subsection E have been met.
(c)
All private water supply systems permitted under this subsection
shall be used and installed in accordance with Chs. NR 811 and NR
812, Wis. Adm. Code.
(4)
Abandonment. All private wells located on any premises which is served
by the public water system of the Village shall be properly abandoned
and filled. Only those wells for which a well operation permit has
been granted by the Village Building Inspector may be exempted from
this requirement, subject to conditions of maintenance and operation.
C.
Application for construction or installation permit. Application
for a permit for construction of a well or installation of a pump
shall be made by the property owner or his/her agent to the Village
Building Inspector prior to commencement of the well construction
or pump installation and shall include the following:
(1)
Name and address of the applicant, owner of the site and installer,
and any state license held by him/her.
(2)
Description of the subject site by lot, block and recorded subdivision,
or by metes and bounds referenced to the U.S. Public Land Survey.
(3)
Description of the work to be performed.
(4)
Plat of survey prepared by a land surveyor licensed in Wisconsin,
or other map drawn to scale and approved by the Village Building Inspector,
showing the location, property boundaries, dimensions and distances
of the following:
[Amended 6-15-2015 by Ord. No. 2015-02]
(5)
Appropriate fee for construction of a well, installation of a pump
and renewal of an existing permit (which includes a test kit) according
to the fee schedule on file in the Village Clerk's office. A
double fee may be charged if work is started before a permit is applied
for and issued.
[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]
D.
Construction and inspection of new wells.
(1)
Location, construction and materials. Well and pump location, construction
and materials shall be as specified in Ch. NR 812, Wis. Adm. Code;
provided, however, that all new wells installed shall be constructed
in accordance with those standards applicable to potable water supply
wells.
(2)
Sample and reports. Well water samples shall be submitted to the
State Laboratory of Hygiene and well construction reports shall be
submitted to the State Department of Natural Resources and the well
owner, as specified in § NR 812.22(6) and (7), Wis. Adm.
Code. Copies should be issued to the Village Building Inspector and
Director of Public Works.[1]
(3)
Inspection. The Village Building Inspector, or his/her designee,
shall inspect or cause the inspection of all private water supply
systems after construction, but before backfilling, no later than
the end of the next workday, excluding Saturdays, Sundays and holidays,
after receiving notice from the contractor in charge.
E.
Well operation permits. A well operation permit shall be granted
to a new or existing well owner not served by the Village public water
supply system, and a well operation permit may be granted to a well
owner served by a Village public water supply to operate a well for
a period not to exceed five years and may be renewed for successive
five-year terms thereafter, if the following requirements are met
for the original permit and each renewal and application is made on
forms provided by the Village Building Inspector:
(1)
The well and pump installation meet the requirements of Ch. NR 812,
Wis. Adm. Code, and a well constructor's report is on file with the
Department of Natural Resources, or certification of the acceptability
of the well has been granted by the Department of Natural Resources.[2]
(2)
The well has a history of producing safe water and presently produces
bacteriologically safe water, as evidenced by one sample.
(3)
The proposed use of the well can be justified as being necessary
in addition to water provided by the public water system under Ch.
NR 811, Wis. Adm. Code.
(4)
No cross-connection shall exist between the piping of the public
water system and the private well as verified by an annual inspection
by the Village Building Inspector.
(5)
The fee for each permit or renewal shall be determined by the Village
Board of Trustees from time to time and shall be paid at the time
application is made. The fee includes testing one water sampling by
the Village of East Troy Water Utility.[3]
(6)
Wells unable to pass the safe water sample standards will be required
to be abandoned within 60 days of formal notification of the Village
of East Troy. If not abandoned, the Village will abandon at the owner's
expense.
F.
Well abandonment.
(1)
Purpose. The purpose of this subsection is to prevent unused and/or
improperly constructed wells from serving as a passage for contaminated
surface or near surface waters or other materials to reach the usable
groundwater.
(2)
Methods. All wells abandoned under the jurisdiction of this section
shall be abandoned according to the procedures and methods of Ch.
NR 812, Wis. Adm. Code. All debris, pump, piping, unsealed liners
and any other obstructions which may interfere with sealing operations
shall be removed prior to abandonment. The filling must be observed
by the Village Building Inspector, and said Building Inspector shall
be provided with 48 hours' prior notice of the filling of the well.
(3)
Reports and inspection. An abandonment report form, supplied by the
Department of Natural Resources, shall be submitted by the well owner
to the Village Building Inspector and the Department of Natural Resources
within 10 days of the completion of the well abandonment. Said forms
shall be available from the Village Building Inspector.
G.
Violations. It shall be unlawful to construct or use any new or existing
private water supply system in violation of any provisions of this
section. In addition, it shall be unlawful to resist, obstruct or
interfere with the Village Building Inspector in the discharge of
his/her duties or to neglect, refuse or fail to obey the Building
Inspector's orders pertaining to his/her duties. The Building Inspector
shall investigate violations of this section and is specifically authorized
to issue citations therefor.
[Amended 12-16-2019 by Ord. No. 2019-18]
The Director of Public Works is authorized to create, implement
and maintain regulations on the outdoor use of water provided by the
East Troy Water Utility as may be necessary to conserve the capacity
and pressure of the water supply for the protection of the public
health, safety and welfare. These regulations may apply to, but are
not limited to, the sprinkling of lawns, gardens, shrubs and trees,
car washing, filling of swimming pools, bulk water purchases, and
installation of new lawns; prohibition of such uses completely in
periods of emergency; irrigation of crops; and commercial car washes
that recycle water. These regulations shall be approved by a majority
vote of the Village Board and shall be filed in the office of the
Village Clerk.
[Added 4-7-2014 by Ord.
No. 2014-03]
All water softeners installed in residential and commercial
buildings after April 1, 2014, shall regenerate water based upon a
metering device or sensor or be equipped with a regeneration tank
within the contents of the tank that can be removed and disposed of
off site. Water softeners which regenerate based on a time clock are
prohibited.
