[HISTORY: Adopted by the Town Board of the Town of Rome as
Sec. 5.02 of the prior Code. Amendments noted where applicable.]
The purpose of this chapter is to regulate and control the operation
and use of the public water system within the Town of Rome in order
to promote the public health, safety and general welfare of the Town
and its citizens. This chapter is designed to promote reasonable water
service for the community and to set forth equitable service systems
so as to obtain the maximum public benefit.
The Town Board adopts by reference the State Plumbing Code,
Wis. Admin. Code Chapter SPS 382.
This chapter does not supersede the state plumbing code or any
other provision of the Town code but is supplementary to them.
The water utility is authorized and directed to discontinue
water service to any property wherein any connection in violation
of this chapter 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 Wis. Stats. Ch. 68. If applicable,
water service to such property shall not be restored until the cross-connection
has been eliminated to comply with the provisions of this chapter.
The water utility shall be known as the "Rome Water Utility."
[Amended 9-6-2018 by Ord.
No. 18-11; 6-4-2020 by Ord. No. 20-11]
A.
The Rome Water Utility shall be owned by the Town of Rome. As provided
in § 66.0805(6), Wis. Stats., the Water Utility shall be
managed and operated by the Town Administrator, subject to the supervisory
control of the Town Board of Supervisors. Supervisory control by the
Town Board shall include, but not be limited to, review and approval
by the Town Board of:
(1)
The annual operating and capital budget of the Utility;
(2)
Where capital investments or equipment purchases would exceed the
approved annual operating and capital budgets and require the borrowing
of money which will become a general obligation of the Town;
(3)
Public improvement construction contracts, lease agreements, and
other similar capital or long-term contracts; and
(4)
Requesting water rate adjustments through the Public Service Commission.
[1]
Editor's Note: Former § 350-7, Compliance with Open
Meeting Law, was repealed 6-4-2020 by Ord. No. 20-11.
[Amended 6-4-2020 by Ord. No. 20-11]
A.
Annually, the Town Administrator shall prepare and recommend to the
Town Board a Water Utility budget for the next succeeding fiscal year.
B.
Such budget shall include proposed user charge rates for the next
succeeding fiscal year. The budget shall be based on the best available
and most recent available information regarding flow, loading, equivalent
meters, OM&R costs and other relevant factors, and may include
estimates reasonably derived from the data available. The OM&R
costs shall include, without limitation, estimated expenses for personnel,
capital expenditures, operation of the system, insurance, and maintenance
of the facility for the ensuing fiscal year, as well as those costs
specifically enumerated elsewhere in these regulations.
C.
The Water Utility shall establish and maintain a financial management
system, which shall be subject to an independent audit on an annual
basis by a certified public accountant. The financial management system
shall be maintained in accordance with DNR, EPA and PSC requirements
and generally accepted municipal accounting practices.
D.
The Water Utility shall annually have prepared by a certified public
accountant a financial audit for the prior year. The certified public
accountant shall be approved and retained by the Water Utility. The
audit shall be prepared in accordance with generally accepted municipal
accounting practices and it shall include statements in reasonable
detail, accompanied by an opinion of the accountant performing the
audit, of financial condition, revenues, operating expenses and of
all funds by or for the Water Utility. A copy of the audit shall be
delivered to the Town Clerk/Treasurer.
A.
The water utility rules, regulations, ordinances and water rates
shall be considered a part of the contract with every person, company,
or corporation, who is supplied with water through the water utility;
and every such person, company or corporation, by taking water or
connecting with the water utility, shall be considered as expressing
consent to be bound thereby.
B.
The water shall not be turned on for a user except by a duly authorized
employee of the water utility. When a plumber has completed a job
he or she shall leave the water turned off. This does not prohibit
the plumber from testing the work performed.
C.
All users shall keep the hydrants, taps, hoses, commodes, 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.
D.
The water utility shall have power through its employees to enter
upon any land for the purpose of examining facilities and infrastructure
or to otherwise perform their duties hereunder, without liability
therefor. Every user shall permit the water utility employee(s), at
all reasonable hours of the day, to enter their premises or building
to examine the pipes and fixtures and the manner in which the pipes
and water connections operate; and they must at all times, frankly
and without concealment, answer all questions put to them relative
to its use. The water utility may make inspections pursuant to a warrant
as provided by Wis. Stats. § 66.0119, or its successor.
E.
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 Town impede or derange the flow of water in any tunnel,
aqueduct, pipe or other thing belonging to the said system, or to
willfully and without authority of the Town bore or otherwise cause
to leak, any tunnel, aqueduct, reservoir, pipe or other thing used
in the system for holding, conveying, or distributing water.
[Amended 6-4-2020 by Ord. No. 20-11]
A.
Frozen services up to the curb stop shall be thawed out by and at
the expense of the water utility, except where the freezing was caused
by contributory fault or negligence on the part of the customer, such
as reduction of the grade or undue exposure of the piping in the building
or on a customer's property, or failure to comply with the water utility's
specifications and requirements as to depth of service, lack of sufficient
or proper backfill, etc. Frozen services beyond the curb stop are
the property owner's responsibility.
B.
Following the freezing of a service, the water utility shall take
such steps and issue such instructions as may be necessary to prevent
the refreezing of the same service. No charge shall be made for re-thawing
if the instructions are followed. If it is necessary to allow the
water to flow to prevent refreezing, the customer must make provisions
for proper disposal of the wastewater.
C.
For the period in which the water is allowed to run, the customer
served by a meter will be billed according to such owner's meter readings.
A new customer or a customer not served by a meter will be charged
the average bill for other customers of the same class receiving service
under comparable conditions.
A.
The customer shall protect the curb stop and shall keep it free from
dirt and other obstructions. The water utility shall not be liable
for failure to locate a curb stop and shut off the water in case of
a leak on the customer's premises. Any curb stops 1 3/4 inch
in diameter or larger shall be Teflon-coated and have the impregnated
ball type of valve.
B.
All water service apparatus from the street main to the location
of the curb stop and including all controls in between, will be maintained
and kept in repair by the water utility without expense to the property
owner, except when they are damaged by the property owner, tenant,
or other agent of the owner.
C.
The user shall maintain at user's expense all water service apparatus
from the curb stop to the premises and throughout the premises at
the expense of the user. Maintenance shall include the user keeping
in good repair and protecting from frost their service pipes, water
fixtures and other water apparatus at their own risk and expense.
The applicant shall pay all expenses relating to the introduction
of water into buildings or private premises.
D.
If the user fails to repair a leaky or broken water service from
the curb stop to the house within such time as may appear reasonable
to the Administrator, upon recommendation by the Utility Committee,
and after notification has been served, the water may be shut off
and may not be turned on again until the repairs have been completed.
If the user does not repair such breaks or leakage, the water service
may be repaired by the water utility and charged back to the user.
[Amended 6-4-2020 by Ord. No. 20-11]
E.
It is expressly provided that no claim shall be made against the
Town of Rome, Water Utility or Administrator by reason of breakage,
water flow, water pressure, stoppage, or freezing of any service pipe.
[Amended 6-4-2020 by Ord. No. 20-11]
A.
Outside hydrants, on premises with a building, after the effective
date of the ordinance from which this chapter is derived shall not
be installed by customers unless they are connected to the pipe system
of the building used as the residence or business place of the customer.
The point of connection for an outside hydrant must be made after
the water meter, as to not bypass the meter itself. If the use of
such hydrant produces a serious water hammer, the owner shall correct
this condition at such owner's expense by effective means such as
the connection of an air chamber to form an air cushion or by changing
the type of hydrant.
B.
All outside hydrants on premises with a building, not piped into
the building system after the meter, must be removed. Removal must
be supervised/inspected by authorized Rome Water Utility personnel
and must comply with all governing codes.
Any electrical grounding to the municipal water system shall
be made on the curbside of the water meter and shall be exposed and
visible.
[Amended 6-4-2020 by Ord. No. 20-11]
A.
The Town Administrator, after consulting with the Water Utility Director,
may declare a water emergency within the areas of the Town serviced
by the water utility when in its opinion a water shortage exists.
A water shortage shall be deemed to exist when the water level in
the Town's elevated water storage tank cannot be maintained at a constant
level due to a low groundwater table, mechanical failures or for any
other reason.
[Amended 2-18-2021 by Ord. No. 21-04]
B.
A water emergency shall not be deemed to be in effect until the Administrator
shall provide for publication of a notice of such declaration as a
Class 1 notice as provided by law. Such emergency shall remain in
effect until publication of notice by the Administrator that the emergency
no longer exists.
C.
Except as otherwise authorized by the Administrator, no person shall,
during the existence of a water emergency, use any water except water
from private sources for sprinkling of lawns, gardens and other vegetation;
nor shall any such person use any such water for the private washing
of vehicles. If authorized, such uses shall only be conducted on even-numbered
days of the month for those premises bearing an even-numbered house
number and on the odd-numbered days of the month for those premises
bearing an odd-numbered house number.
A.
Definitions of cross-connection. A "cross-connection" is defined
as any physical connection or arrangement between two otherwise separate
systems, one of which contains potable water from the water utility
system, and the other of which contains 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, with the
direction of flow depending on the pressure differential between the
two systems.
B.
Unprotected cross-connections prohibited. No person, firm, or corporation
may establish or maintain, or permit to be established or maintained,
any unprotected cross-connection. Cross-connections shall be protected
as required in Ch. SPS 382, Wisconsin Administrative Code.
C.
Inspection. The Water Utility may inspect, or arrange for an inspection of, property served by the water utility system for cross-connections. As an alternative, the water utility may require a person, firm, or corporation who owns, leases, or occupies property to have their plumbing inspected, at their own expense, by a State of Wisconsin Certified Cross-connection Inspector/Surveyor. The frequency of inspections shall be established by the Water Utility Director in accordance with Wisconsin Administrative Code. Any unprotected cross-connections identified by the inspection shall be promptly corrected. Failure to promptly correct an unprotected cross-connection shall be sufficient cause for the water utility to discontinue water service to the property, as provided under Subsection F of this section.
[Amended 6-4-2020 by Ord. No. 20-11; 2-18-2021 by Ord. No. 21-04]
D.
Right of entry. Upon presentation of credentials, a representative of the water utility shall have the right to request entry, at any reasonable time, to a property served by a connection to the water utility system for the purpose of inspecting the property for cross-connections. Refusing entry to such water utility representative shall be sufficient cause for the water utility to discontinue water service to the property, as provided under Subsection F of this section. If entry is refused, a special inspection warrant under § 66.0119, Wis. Stats., may be obtained.
E.
Provision of requested information. The water utility may request an owner, lessee, or occupant of property served by a connection to the public water system to furnish the water utility with pertinent information regarding the piping systems on the property. Refusing to provide requested information shall be sufficient cause for the water utility to discontinue water service to the property, as provided under Subsection F of this section.
F.
Discontinuation of water for violation. The water utility may discontinue water service to any property wherein any unprotected connection in violation of this subsection exists, and take other precautionary measures deemed necessary to eliminate any danger of contamination of the water utility system. Water service may be discontinued, however, only after reasonable notice and opportunity for hearing under Chapter 68, Wisconsin Statutes, except as provided in Subsection G of this section. Water service to such property shall not be restored until the unprotected cross-connection has been eliminated.
G.
Emergency discontinuance. If it is determined by the water utility
that an unprotected cross-connection or emergency endangers public
health, safety, or welfare, and requires immediate action, and if
a written finding to that effect is filed with the Town Clerk/Treasurer
and delivered to the customer's premises, water 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.
Water service to such property shall not be restored until the unprotected
cross-connection has been eliminated.
A.
There shall be assessed and levied against the property and premises
to be served thereby the cost per lateral at the rate on file with
the secretary of the water utility, for installation of curb stops
tapped to water mains of the water utility. Deferred curb stops shall
be charged at the current rate in effect at the time they are placed
in service.
B.
Every person connecting into the water utility, or extending or altering
any existing supply from the curbline, or within the street property
line, shall file an application with the water utility made in writing
on such form as shall be prescribed by the water utility and must
be signed by the plumber making the connection. A representative of
the water utility must inspect the connection at the point of connection
prior to backfilling. The application must state truthfully and fully
the intended use for which the application is being made, must provide
the complete and correct legal description of the property to be served,
description of the work to be done, character of the supply pipe,
and the fixtures or appliances to be supplied. If the occupant is
not the owner of the premises, the written consent of the owner must
accompany the application.
C.
No person may hereafter connect to the water utility without application
approval. Following submission to the water utility, the Administrator
or designee shall review the application. The application shall be
approved if the application is complete, the service applied for provides
adequate service for the contemplated use, and the service work to
be performed is in compliance with state, county and local laws and
standards. An application not meeting the listed standards may be
rejected. If the application is rejected, the applicant may appeal
the rejection to the Town Board within 15 days of the date of the
rejection by submitting a written request to appeal the decision.
The Town Board shall hold a hearing on the appeal within 40 days of
submission of the written appeal request to them and render a decision
on the appeal within 30 days following the hearing.
[Amended 6-4-2020 by Ord. No. 20-11]
D.
The water utility may, as it deems desirable, install such curb stops
at such place as present use or future possible or probable use of
any premises situated in or upon streets in which such mains are installed.
A.
The "Standard Rules" published by the State Public Service Commission
shall be applicable to operation of the water utility.
B.
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.
C.
The property owner is held responsible for all water bills on premises
that he/she owns. It is the responsibility of the property owner to
provide a current billing address.
D.
Whenever a property served by the water system is to be vacated,
or whenever any person desires to discontinue service from the system,
the water utility must be notified in writing so that it may remove
the meter and/or shut off the water. The owner of the property shall
be liable for any change/damage to the property of the water utility
by reason of failure to notify the water utility of such vacancy.
E.
No person shall, without authority of the Water Utility, 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 wantonly injure or impair the valve or hydrant.
[Amended 6-4-2020 by Ord. No. 20-11]
F.
Water for construction use. Water used for construction work must
be covered by a written permit, which can be obtained only from the
water utility. In no case will any employee of the water 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 water utility, together with
a statement of the actual amount of construction work performed.
G.
Permission may be granted by the water utility to use a hydrant.
No hydrant shall be used until it is equipped with proper valve and
in no case any valve will be set or moved except by a member of the
water utility, or its authorized agent. An application must be made
to the water utility for setting a valve and the applicant must pay
the application fee as established by the Town Board plus the current
rate approved and on file with the Public Service Commission per thousand
gallons of water or proportionate fraction thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
H.
Customers shall not allow contractors, masons or other persons to
take water from their premises without first showing a permit from
the water utility.
I.
Customers taking water for supplying boilers for generating steam
or for other general uses and depending upon the water pressure for
supply will do so at their own risk, and the water utility shall not
be liable for any damages because of the lack of pressure or failure
of supply.
J.
The unattended use for a duration of more than eight hours of water
from an unmetered water supply system for irrigation, washing, watering
or other nonessential purposes shall be prohibited.
K.
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 of Wis. Stats., § 66.0809,
or its successor.
A.
Where excavating machines are used in digging sewers, all water mains
shall be maintained at the expense of the contractor. Contractors
must ascertain the existence and location of all service pipes. Where
they are removed, cut or damaged in the construction of a sewer, the
contractor must, at his or her own expense, cause them to be replaced
or repaired at once. The contractor must not shut off the water service
pipes from any customer for a period exceeding six hours. Permission
must be first obtained in writing from the water utility before any
excavation is made. All of the provisions of the Town of Rome Code
shall be fully complied with by any such contractor or other person
who shall excavate or cause any excavation for the purposes set forth
in this subsection.
B.
The water utility reserves the right to shut off the water in the
mains temporarily and to make repairs, alterations or additions to
the plant or system. When the circumstances will permit, the water
utility will give notification by newspaper publication or otherwise
of the discontinuance of the supply. No rebate or damages will be
allowed to customers for such temporary suspension of supply.
C.
No persons, unless authorized by the water utility, shall be permitted
to tap or make any connection with any street main or distribution
pipe. This work will be done in accordance with the rules of the water
utility.
D.
No water shall be taken without proper permit. Parties desiring to
introduce water on their premises must make formal application to
the water utility office and sign an application card or permit constituting
a contract for water supplied and its specific use, which contract
references this chapter as part of the contract.
E.
Each applicant for water service shall, at the time of making application
for such service, execute and deliver to the water utility a contract
for such water service, agreeing to put in the service pipe from the
curbline to each piece of water-using property existing at that point
and owned by the applicant where such water is desired, at the expense
of such applicant, and to commence the payment for such water service
when a bill is rendered. For all duplexes constructed after the effective
date of this chapter, a separate service pipe from the curbline shall
be provided for each living unit in the duplex; and each such living
unit shall have a separate water meter when meters are made available
to residential users and remote external reader. Multiple-family units
larger than duplexes may install separate meters at the discretion
of the owner.
F.
Any permit given for water service shall require that not more than
one dwelling house, apartment building, hotel, business house or factory
shall be served by one connection.
G.
If a violation of this chapter exists when service pipes are replaced
or when permanent street improvements are made, such violation shall
be corrected at the time of such replacement or improvements.
H.
Plumbers shall not connect two services to one tap, but each building
must have one distinct and separate tap and service pipe laid not
less than six feet below the surface after the street is brought to
grade. Each service must be provided with a curb stop and metal extension
stop box outside of the premises connected with the service. Supply
pipes shall not be laid across the connecting adjoining premises,
whether owned by the same or different parties. Every service pipe
where it enters the cellar shall be furnished with a stop and waste
cock so situated below the action of frost that the water can be completely
shut off and drained from the pipes when necessary to prevent freezing.
A.
In making excavations in streets or highways for laying service pipe
or making repairs, the excavated material must be deposited in a manner
that will create the least inconvenience to the public and provide
for the passage of water along gutters or drainageways. Proper erosion
control practices in accordance with Town and state requirements must
be followed.
B.
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.
C.
In refilling the excavation after the service pipes are laid, the
earth must be laid in layers of not more than 12 inches in depth;
and each layer thoroughly compacted to 96% or greater density to prevent
settling. This work, together with the replacing of sidewalks, curb
and gutter, landscaping and paving, must be done so as to replace
the street to as good or better condition as before it was disturbed,
and satisfactory to the Town Administrator or their agent. No opening
of the streets for tapping the water mains will be permitted when
the ground is frozen without prior written approval by the Water Utility
Director.
[Amended 6-4-2020 by Ord. No. 20-11; 2-18-2021 by Ord. No. 21-04]
D.
No persons, except those having special approval and permission from
the water utility will be permitted, under any circumstance, to tap
the water mains or collection pipes, or insert corporation valves,
saddles, or piping between the main and the curb stop therein. The
kind and size of the connection with the pipe shall be that specified
in the permit or order from said Water Utility. Pipes should be tapped
at the 2:00, 10:00 or 12:00 position and not within six inches of
the joint, hub or another cap, or within 24 inches of another lateral
connection.
[Amended 6-4-2020 by Ord. No. 20-11]
E.
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 alteration, extensions or attachments
on the curb side of the meter, unless the party ordering such tapping
or other work shall exhibit the proper permit from the Rome Water
Utility and/or Town of Rome.
A.
Meters when made available by the water utility will be furnished
and placed by the water utility and are not to be disconnected or
interfered with by the customer. All meters shall be so located that
they shall be preserved from obstructions and allow easy access for
reading and inspection; such location to be designated by the water
utility. The customer must supply all piping within the building.
If the customer desires additional meters, he shall pay for all piping
in an amount sufficient to cover the cost of maintenance and depreciation
as set by the Town Board. All users and persons desiring to connect
to the water utility must provide a location for a water meter, and
to maintain such location and passageway thereto in a clean and sanitary
fashion 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, which is or may be unclean, unsanitary or in
any manner unsafe to water utility employees.
[Amended 6-4-2020 by Ord. No. 20-11]
B.
Water utility to repair. Meters will be repaired by the water utility.
The cost of such repairs will be borne by the water utility only if
they result from ordinary wear and tear.
C.
Damage caused by owner. Any damage to a meter resulting from the
carelessness of the owner of the premises, his agent or tenant, or
from the negligence of any one of them to properly secure and protect
the meter, including any damage that may result from allowing a water
meter to become frozen or to become injured from the presence of hot
water or steam in the meter shall be paid for by the customer or the
owner of the premises.
D.
When the utility has reasonable evidence that a customer 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 water being
delivered, the water utility reserves the right to estimate and present
immediately a bill for service unmetered as a result of such interference;
such bill shall be payable subject to a twenty-four-hour disconnection
of service. When the water utility shall have disconnected the customer
for any such reason, the water utility will reconnect the customer
upon the following conditions:
(1)
The customer will be required to deposit with the water utility an
amount sufficient to guarantee the payment of the customer's bills
for water utility service to the water utility.
(2)
The customer will be required to pay the water utility for any damages
to its equipment of the customer premises due to such stoppage or
interference with its metering.
(3)
The customer must further agree to comply with reasonable requirements
to protect the water utility against further losses.
E.
If installing new service piping, the customer shall, at the customer's
own expense, provide the proper connections for the meter. Proper
connections shall include the use of gate valves before and after
the meter. No piping other than K copper shall be used on services
from the curb stop to the meter. Where it is possible to set meters
in the basement, a short nipple shall be inserted at the proper length.
The nipple attached to the union and coupling shall be cut to a standard
length provided by the plans of the water utility, which may later
be removed for the insertion of the meter into to the supply line.
No permit will be given to change from metered to flat rate service.
F.
If a customer demands that a test be made of his meter in addition
to the periodic or installation test, he or she shall pay a test fee
set by the Town Board per inch of nominal size or fraction thereof.
If the meter is found fast in excess of 2%, the payment for the test
will be refunded and the usual adjustment made in the past bills.
[Amended 6-4-2020 by Ord. No. 20-11]
A.
For the purpose of this chapter, an improved parcel shall mean a
parcel containing a building suitable for human habitation, recreation,
occupancy or for the conduct of any trade, business or industry.
B.
For the purpose of this chapter, a parcel which contains a camping unit, whether on or off wheels, whether towed or carried on a motor vehicle or self-propelled as its principal structure in use and occupied on the parcel, or in use for camping in accordance with § 360-60B will be considered an improved parcel. The definition of "camping unit" shall not include a tent.
C.
A water main located on the opposite side of the road is considered
adjacent to the water main.
D.
Connections. Owners of improved parcels of land adjacent to a water
main shall connect to the water main as follows:
[Amended 3-18-2021 by Ord. No. 21-07; 8-19-2021 by Ord. No. 21-14]
(1)
Existing and extended lines. Except as provided in Subsection D(2) hereafter, an improved parcel of land adjacent to an existing and/or extended water main shall connect to the main within one year from the date of written connection notice from the Water Utility or upon occupancy.
(2)
Deferred connection with expansion of water lines.
(a)
An improved parcel may defer connection to an extended water
main for a maximum period of 10 years from the date the well serving
the parcel was installed. It is the obligation of the property owner
to provide adequate proof as to the date the well was installed.
(b)
A property owner who defers connection must pay a standby charge pursuant to Subsection F herein until the time of such connection and shall be solely responsible for all costs associated with connection when the deferred connection occurs. During the period of deferral, the property owner must provide the Rome Water Utility proof of water quality testing and inspection in accordance with § 350-28B. The property owner shall be responsible for the costs of inspections and testing. In the event the testing reveals that the well water is unsafe for human consumption, the property owner must connect to the Water Utility within 60 days. In addition, if during the period of deferral the property is sold, the new property owner must connect to the water main within 60 days from the date of sale.
E.
Forced connections. Upon the failure of the owner of an improved parcel to connect to a water main as required in Subsection D(2)(b) above, the Water Utility shall cause the connection to be made, and the property owner shall be responsible for all connection costs. If such costs are not paid within 30 days of written demand for payment, the costs shall be assessed against the property and collected in the same manner that real estate taxes are collected. However, the owner may, within 30 days after the completion of the connection, file a written request with the Water Utility for the payment of such costs in five equal annual installments, together with interest, not to exceed 15% per year, at the prime lending rate as published by the Wall Street Journal on the day the request is made. The unpaid balance shall constitute a special tax lien against the property pursuant to the requirements of § 281.45, Wis. Stats.
[Amended 8-19-2021 by Ord. No. 21-14]
F.
Following the enactment of these regulations, no new private well
used for potable water or other human consumption shall be installed
within the area physically served by the Water Utility.
G.
Standby charge. A standby charge shall apply to each buildable parcel
of record for which water system facilities are available but not
connected. Standby service shall be billed quarterly. Standby charges
shall be under the same billing rule as a general service customer.
A.
The rates for water used in the Town are the current rates as established
by the most recent Public Service Commission ruling, on file with
the Secretary of the water utility.
B.
Bills for water service are rendered quarterly and become due and
payable upon issuance following the period for which service is rendered.
A penalty as determined by the Public Service Commission will be added
to any bill not paid by the due date. If the bill is not paid, the
customer will be given a past due notice that the bill is delinquent.
If payment still is not made a disconnection notice will then be given,
unless payment or satisfactory arrangements for payment is made within
10 days, service will be discontinued without further notice, and
a reconnection charge prescribed by the Public Service Commission
shall be paid before water service is restored.
When a customer's premises has several buildings, each supplied
with service and metered separately, the full service charge will
be billed for each meter separately, and the readings not accumulated.
If these buildings are all used in the same business and are not connected
by the customer, they can be metered in one place. If the water utility,
for its own convenience, installs more than one meter, the readings
will be cumulated for billing.
A.
Water service supplied to Town buildings, schools, etc., shall be
metered when meters are provided by the water utility and regular
service rates applied.
B.
Water used for flushing sewers, street sprinkling, flooding skating
rinks, drinking fountains, filling swimming pools, etc., shall be
metered where meters can be set to measure the service. Where it is
impossible to measure the service, the Water Utility shall estimate
the gallons of water used, based on the pressure, size of opening,
and period of time water is allowed to flow. The estimated quantity
shall be billed at the rate as set by current Public Service Commission
ruling, on file with the Water Utility secretary.
[Amended 6-4-2020 by Ord. No. 20-11]
Metered service rates when meters become available shall apply
to all building and construction water service.
A.
Private fire protection service shall consist of connections for
automatic sprinkler systems, standpipes (where they are connected
permanently or continuously to the mains), and private hydrant systems.
B.
Quarterly demand charges for private fire protection service are
as outlined by the Public Service Commission, on file with the Water
Utility secretary.
C.
Private fire protection service permits must be obtained from the
water utility before installation or upgrade.
A.
Abandonment required. All wells on premises served by the water utility shall be properly abandoned in accordance with Subsection C herein by not later than 180 days from the date of connection to the municipal water system, unless a valid well operation permit has been issued to the well owner by the water utility under terms of Subsection B herein.
[Amended 4-16-2020 by Ord. No. 20-03]
B.
Well operation permit. Owners of wells on premises served by the
water utility wishing to retain their wells for any use shall make
application for a well operation permit for each well no later than
180 days after connection to the water utility. The water utility
shall grant a permit to a well owner to operate a well for a period
not to exceed five years providing all conditions of this subsection
are met. Property owners holding a well operation permit shall provide
to the Water Utility proof of a water quality test of each well every
five years, and inspection of each well every 10 years. A well operation
permit may be renewed by submitting an application verifying that
the conditions of this section are met. The water utility or its agent
may conduct inspections and water quality tests or require inspections
and water quality test to be conducted at the applicant's expense
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 water utility. All initial and renewal
applications must be accompanied by a fee set by the Town Board. The
following conditions must be met for issuance or renewal of a well
operation permit:
[Amended 4-16-2020 by Ord. No. 20-03; 6-4-2020 by Ord. No. 20-11; 2-18-2021 by Ord. No. 21-04]
(1)
The well and pump installation shall meet the Standards for Existing
Installations described in § NR 812.42, Wisconsin Administrative
Code. The well and pump system shall be evaluated by a licensed well
driller or pump installer and certified on the Wisconsin Well and
Pressure System Inspection Form 3300-221 to comply with Ch. NR 812,
Subch. IV, prior to issuing the initial permit and no less than every
10 years afterwards.
(2)
The well and pump shall have a history of producing safe water evidenced
by at least one coliform bacteria sample. In areas where the Department
of Natural Resources has determined that groundwater aquifers are
contaminated with substances other than bacteria, additional chemical
tests may be required to document the safety of the water.
(3)
There shall be no cross-connections between the well's pump installation
or distribution piping and the water utility system.
(4)
The water from the private well shall not discharge into a drain
leading directly to a public sewer utility unless properly metered
and authorized by the sewer utility.
(5)
The private well shall have a functional pumping system.
(6)
The proposed use of the private well shall be justified as reasonable
in addition to water provided by the water utility.
C.
Abandonment procedures:
(1)
All wells abandoned under the jurisdiction of this subsection shall
be done according to the procedures and methods of § NR
812.26, Wisconsin Administrative Code. All debris, pumps, piping,
unsealed liners and any other obstructions which may interfere with
sealing operations shall be removed prior to abandonment.
(2)
The owner of the well, or the owner's agent, shall be required to
obtain a well abandonment permit prior to any well abandonment and
shall notify the water utility at least 48 hours in advance of any
well abandonment activities. The abandonment of the well may be observed
or verified by personnel of the water utility.
(3)
An abandonment report form, supplied by the Department of Natural
Resources, shall be submitted to the water utility and the Department
of Natural Resources within 30 days of the completion of the well
abandonment. The form must be completed by the licensed well driller,
pump installer, or certified operator performing the abandonment.
D.
Enforcement. If any person fails to comply with this subsection for
more than 30 days after receiving written notice of the violation,
the Town 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.
If any provision of this chapter conflicts with rules or orders
issued by the Wisconsin Public Service Commission, such rules or orders
shall prevail.
Any person who shall violate any of the provisions of this chapter shall, upon conviction of such violation, be subject to forfeiture for such violation(s) as provided in § 1-3 of the Town Code. In addition to the forfeiture provided in § 1-3, the Town may seek other remedies including appropriate injunctive relief for said violations in a court of competent jurisdiction.
As used in this chapter, the following terms shall have the
meaning indicated:
A room or suite of rooms in a multiple-family structure,
which is arranged, designed, used or intended to be used as a single
housekeeping unit. Complete kitchen facilities, permanently installed,
must always be included for each apartment.
A bank, credit union, savings and loan or other business
providing conventional financial services that is regulated by the
Wisconsin Department of Financial Institutions and the Federal Deposit
Insurance Corporation.
The average level of the finished surface of the ground adjacent
to the exterior walls of the building or structure.
A well or pump installation which does not comply with § NR
812.42, Wisconsin Administrative Code, Standards for Existing Installations,
and which has not been granted a variance pursuant to § NR
812.43, Wisconsin Administrative Code.
Pertains to and is the purpose for which a building is used
or intended to be used.
Any person occupying or having use of a building, structure,
premises of any part thereof.
Includes a corporation, firm partnership, association, organization
and any other group acting as a unit as well as individuals, including
a personal representative, receiver or other representative appointed
according to law. Whenever the term "person" is used in any section
of this chapter prescribing a penalty or fine, as to partnerships
or associations, the work shall include the partners or members thereof,
and as to corporations, shall include the officers, agents or members
thereof who are responsible for any violation of such section.
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.
Any public highway or alley and shall mean the entire width
between the boundary lines of any public way where any part thereof
is open to the public for purposes of vehicular traffic.
Anything constructed or erected, the use of which requires
a more or less permanent location in or on the premises, or any other
attachment to something having a permanent location on the ground,
which includes, but is not limited to, objects such as buildings,
mobile homes, gas or liquid storage tanks, bridges, culverts, decks,
fences, satellite dishes or swimming pools.
The Town of Rome, Adams County, Wisconsin, or any duly appointed
designate thereof, including, but not limited to, the Town Board and
Town committees.
The present governing body of the Town or any successors
to the legislative power of said body, or any duly appointed designate
thereof.
One which produces water which is bacteriologically contaminated
or contaminated with substances which exceed the drinking water standards
of Ch. NR 140 or 809, Wisconsin Administrative Code, or for which
a Health Advisory has been issued by the Department of Natural Resources.
One which is not used or does not have a functional pumping
system.
A motor vehicle, trailer, semitrailer or mobile home, whether
or not such vehicle is registered under Wisconsin Law.
A drilled hole or other excavation or opening deeper than
it is wide that extends more than 10 feet below the ground surface
constructed for the purpose of obtaining groundwater.
The proper filling and sealing of a well according to the
provisions of § NR 812.26, Wisconsin Administrative Code.
