This chapter is intended to regulate water services, municipal
water, and private wells within the incorporated limits of the City
and to protect and preserve the surface waters and groundwater aquifers
lying under and adjacent to the City.
Water rates and regulations will be as established by the State
Public Service Commission and the rates and regulations so ordered
are adopted as the rates and regulations of the City and incorporated
in this chapter as part hereof. Any further changes in rates and regulations
ordered from time to time by the Public Service Commission are adopted
by the City and incorporated in this chapter as a part hereof.
All water services, charges and special assessments shall be
a lien on the lot, part of a lot or real estate on which service is
supplied or available for service. All charges accrued during the
preceding year not paid by October 15 of the following year shall
be certified to the City Clerk and placed upon the real estate tax
roll for collection as provided by state statutes.
There may be levied from time to time special assessments against
certain properties benefited by public work or improvements to the
Water Utility.
[Amended 8-22-1989 by Ord. No. 660]
A.
The owner of each parcel of land presently occupied and serviced
or capable of being serviced by such water system shall be hooked
up to the water system within 30 days after notification by the Committee.
If unoccupied, hookup shall be before occupancy. Such mandatory hookup
shall apply to all buildings located within the City capable of being
served, if said property is tested and is not served by a private
well which tests "safe" according to standards of the Wisconsin Department
of Natural Resources and the Waukesha County Health Department, and
to all new construction. To assure preservation of public health,
comfort and safety, the City does require buildings used for human
habitation and located adjacent to a water main, or in a block through
which the water system is extended, to be connected with said system
in the manner prescribed in this subsection. If any person fails to
comply for more than 10 days after notice in writing, the City may
impose a penalty or may cause connection to be made, and the expense
thereof shall be assessed as a special tax against the property. The
owner may, within 30 days after the completion of the work, file a
written option with the City Clerk stating that he or she cannot pay
the amount in one sum and asking that it be levied in not to exceed
five equal annual installments, and the amount shall be so collected
with interest at a rate not to exceed 15% per year from the completion
of the work, the unpaid balance to be a special tax lien. All such
costs may, at the City's option, be placed on the tax roll as
a special charge pursuant to § 66.0627, Wis. Stats.
[Amended 12-23-2010 by Ord. No. 1336]
B.
The owner of each parcel of land required to hook up under Subsection A which is not hooked up to such water system shall be subject to a forfeiture for such violation. In addition to such forfeiture, he shall pay the City Treasurer upon billing therefor an amount equal to 95% of the minimum quarterly charge for water service of the required size to be collected in the event of nonpayment as a special assessment on the real estate tax bill.
All water services within the City from the street main to the
curb stop, including all controls between the same, shall be maintained
by the Utility without expense to the property owner, except when
damaged as a result of negligence or carelessness of the property
owner, tenant or owner's agent, where they shall be repaired
at the property owner's expense. All water services from the
point of maintenance by the system to and throughout the premises
shall be maintained free of defective conditions by and at the expense
of the property owner or occupant. If the property owner does not
repair a leak between the curb stop and building within 24 hours,
the water shall be shut off until the repair is made.
A.
Since it is recognized that the entire private water supply in the
City has the potential for pollutions, the building distribution system
upon connection to the municipal water system shall be completely
severed from the private well. Thereafter, such private well shall
be restructured to be used only for sprinkling lawns, washing cars
and other outside uses not involving human consumption and shall comply
with all of the requirements of Ch. NR 812, Wis. Adm. Code, and any
subsequent changes to said code. If such private well does not test
"safe" according to standards of the State Department of Natural Resources
and Waukesha County Health Department, such well shall be permanently
sealed and abandoned in accordance with § NR 812.26, Wis.
Adm. Code, and any subsequent changes to said code. The bacteriological
sampling shall consist of obtaining a minimum of two consecutive safe
samples taken a minimum of two weeks apart prior to issuing or reissuing
the permit.
[Amended 3-23-1995 by Ord. No. 861]
B.
The owners of those wells testing "safe" and being utilized for outside
chores not involving human consumption of water shall, on or before
July 1, commencing the first test year following the year of severance,
file with the Public Works and Safety Committee test results performed
by the Waukesha County Health Department or recognized private testing
laboratory showing that the water from such well is bacteriologically
safe. Testing such well shall be performed by a person working for
the testing laboratory from a sample obtained from the well and he
shall certify the test results. If a well test indicates contamination,
chlorination or other methods may be taken to correct the problem.
A second well test must be taken within 60 days.
[Amended 8-22-1989 by Ord. No. 660]
C.
Such well tests shall be required every five years with 1995 being
the year from which said required period commences and the year 2000
being the first "test" year. If such test is not performed by July
1 of the test year, or the test results show the water to be bacteriologically
unsafe, use of such well shall be immediately discontinued. Such unsafe
well shall be permanently sealed within 90 days of notification to
abandon by the Utility. Failure to permanently seal such well shall
subject the owner of the premises where such well is located to the
penalty section of this chapter.
[Amended 7-23-1998 by Ord. No. 964]
D.
Once the private water supply has been severed from the municipal
system, there shall be no reconnection of said private supply to the
municipal system. After severance of the private well, no cross-connection
between the public and private system will be allowed. Those owners
that desire to keep the private well in service shall install a backflow
preventer approved by the Utility. The backflow preventer shall be
installed in the outlet piping from the water meter and no outlets
shall be permitted between the water meter and the backflow preventer.
All municipal water entering the building must pass through the reduced-pressure
backflow preventer before being distributed for other usage. Backflow
preventers shall be installed and maintained in compliance with § SPS
382.41, Wis. Adm. Code.
E.
Permanent abandonment procedure. An owner intending to permanently
abandon a well will notify the Utility of the date of the intended
abandonment. Persons intending to abandon a well shall pay a registration
fee established by resolution of the Common Council to the Building
Inspection Division and fill out a registration form and Department
of Natural Resources (DNR) Form No. 3300-5W and/or any other similar
or replacement forms that may be in use from time to time. The DNR
form or forms shall be completed and properly filed and a copy of
said completed form filed with the City of Muskego Building Inspection
Division within 30 days of receipt of said form. Failure to return
the completed DNR form or forms to the Building Inspection Division
within the time required will result in the well not being abandoned.
The Utility will be permitted to fully inspect the entire process
of abandonment. The owner will comply with Ch. NR 812, Wis. Adm. Code.
In the event the owner of a private well that has tested unsafe or
has failed to obtain well permit refuses or neglects to permanently
abandon said well on or before September 1 of each year, the Utility
or its agents or contractors may, without notice, enter upon the owner's
property and permanently seal said well in accordance with Ch. NR
812, Wis. Adm. Code, and the cost thereof shall be presented to the
City Treasurer who shall place said amount on the tax roll as a special
charge pursuant to § 66.0627, Wis. Stats. Any person who
shall attempt to abandon said well without having first notified the
Utility shall be subject to the requirement of furnishing the Utility
proof of property compliance with Ch. NR 812, Wis. Adm. Code. In the
event the owner is unable to furnish satisfactory proof to the Utility
that said well was properly abandoned under said Administrative Code
provision, the Utility shall have the right to enter upon the property
and perform all necessary tasks to verify that the abandonment of
said well was done under the Administrative Code procedure and specifications.
Any and all costs incurred by the Utility in permanently sealing said
well shall be presented to the City Treasurer who shall place said
amount on the tax roll as a special charge pursuant to § 66.0627,
Wis. Stats. Any future additions, amendments, revisions or modifications
of the current Ch. NR 812, Wis. Adm. Code, or future successors to
said chapter, are also incorporated herein by reference.
F.
Permit procedure for wells. Wells will be permitted to be constructed
or existing wells will be permitted to be continued to be used only
under the following conditions:
[Amended 3-23-1995 by Ord. No. 861]
(3)
Nonresidential and residential properties being serviced by an existing
well are required to connect to municipal water upon a major remodel
of 50% or greater of the then existing property which shall be determined
by the Public Works and Development Director or designee.[4]
(4)
The owner or applicant applies to the City and Utility and receives
a permit for the construction of the new well or continued use of
an existing well.
(5)
The well is in complete conformity with state and local regulations
and codes, including but not limited to Ch. NR 812, Wis. Adm. Code,
and any subsequent changes to said code. The owner of the well, before
it will be permitted to be put into human use and consumption and
before the owner will be allowed to continue use of an existing well,
will furnish to the City and the Utility test results verified by
a certified testing laboratory that said well water is bacteriologically
safe.
A.
Billing. Billing for water service shall be on a quarterly basis
with quarters ending March 31, June 30, September 30 and December
31. The property owner is held responsible for all water bills on
the real estate he owns. All water bills and notices relative to water
service shall be addressed to the owner and mailed to the address
of the premises referred to on such bill or notice.
B.
Failure to receive bill no excuse. Reasonable care shall be exercised
in proper delivery of water bills. Failure to receive a water bill
shall not relieve any owner of responsibility for payment of a water
bill within the prescribed period, nor exempt any person from any
penalty imposed for delinquency in the payment thereof.
No person shall willfully pollute or otherwise injure any water
supplied by the system in any tunnel, aqueduct, reservoir, pipe, etc.;
willfully injure or cause damage to the system, building, machinery
or fixture pertaining thereto; willfully and without authority of
the Public Works and Safety Committee impede or divert the flow of
water in any tunnel, aqueduct, pipe, etc., belonging to such system;
or willfully and without authority of such Committee bore into or
otherwise cause to leak any tunnel, aqueduct, reservoir, pipe, etc.,
used in the system to hold, convey or distribute water.
A.
The Utility shall have the right to recover from any person any expense
incurred by such Utility for repair or replacement of any water pipe,
curb cock, gate valve, hydrant or valve box damaged in any manner
by any person by reason of operation of any electrical system or performance
of any work under his control or by negligence.
B.
Owners or operators of motor vehicles shall be liable for the costs
of repair of any hydrant damaged by such vehicle. The Utility or the
City shall not be responsible for the damage caused to the motor vehicle
by reason of such accident.
