Ordinance 2007-02

The Village Board of The Village of Suamico, Wisconsin Does Ordain as Follows:

Ordinance Section 1: Village of Suamico Village Code, Chapter 37 - Water Utility is repealed in its entirety.

Ordinance Section 2: Village of Suamico Village Code, Chapter 37 - Water Utility is created to read per the attached.

Ordinance Section 3: All ordinances or parts of ordinances inconsistent with or contravening the provisions of this ordinance are hereby repealed.

Ordinance Section 4: This ordinance shall be in full force and effect following passage and publication.

Adopted this 15th day of January, 2007.

Attest:

______________________________

Bonnie Swan, Village Clerk

Athey ________ Schultz ________

Frisque ________ Sheedy ________

Garvey ________ Steffen ________

Date Posted: _____________

37.06 Violations & Enforcement

The Village of Suamico, has determined that it is in the best interest of the community to provide municipal water to existing developed areas as requested or as deemed appropriate by the Village Board, and newly developing areas of the Village to promote the health, safety, and convenience of its people and to safeguard the water resources common to all. The Village Board has determined that it is the obligation of the water users to defray the cost of providing potable water in an equitable manner, and insofar as it is practicable, in proportion to the cost of providing such services to respective users.

(1) Establish rules regulating connections to the Village water system.

(2) Identify the procedures used by the Village in billing.

(3) Properly identify, monitor, and bill all users in compliance with applicable State and federal laws, guidelines.

(4) Provide penalties for the violations of these rules including violations of any orders, permits, or notices issued pursuant to them.

(1) Backflow. The undesirable flow of water or mixtures of water and other liquids, gases or other substances under positive or reduced pressure into the Utility distribution pipes of the potable supply of water from any source.

(2) Backflow Preventer. A device or means designed to prevent Backflow caused by Backpressure or back-siphonage; most commonly categorized as air gap, reduced pressure principle Backflow Preventer, double check valve assembly, pressure vacuum breaker, atmospheric vacuum breaker, hose connection vacuum breaker, hose connection Backflow Preventer, Backflow Preventer with intermediate atmospheric vent, and barometric loop.

(3) Backpressure. An elevation of pressure in the downstream piping system (i.e., pump, elevation of piping, or steam and/or air pressure) above the Utility supply pressure, which would cause or tend to cause a reversal of the normal direction of flow.

(4) Clerk. Clerk of the Village of Suamico

(5) Cross Connection. Means any connection between two (2) otherwise separate systems, one of which contains potable water from a Public Water System and the other water from a private source.

(6) Director. Means the Director of Public Works or his or her designee.

(7) Lateral. That portion of a water line serving a property which is located between the curb stop and the building served.

(8) Operation and Maintenance Costs. All costs associated with the operation and maintenance of the water system, including administration and Replacement Costs.

(9) Person. Any Person, natural or artificial, including any individual, firm, company, municipal, Private Corporation, association, society, institution, enterprise, governmental agency, or other entity connected to the municipal water system.

(10) Private Water System. Means a privately owned water main serving two (2) or more buildings and not directly controlled by the Village Utility.

(11) PSC. Means Public Service Commission of Wisconsin

(12) Public Water System. A series of wells, storage tanks, piping and all related appurtenances for supplying potable water, provided by or subject to the jurisdiction of the Village Utility.

(13) Replacement Costs. Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the water system to maintain the capacity and performance for which such systems were designed and constructed.

(14) REU. Residential Equivalent Unit. As defined in the 2004 Utility Rate study, an REU is a residential living space required to house one family regardless of size.

(15) Utility. The Suamico Water and Sewer Utility.

(16) Village. The Village of Suamico.

(17) Water Service Charge. A charge levied on users of the Public Water System for the user's proportional share of the cost of operation, maintenance, Debt Service, and replacement of said system.

(1) User Rules and Regulations. The rules, regulations and water rates hereinafter set forth in this ordinance shall be considered a contract with every Person, who is connected to the water system and every such Person by connection to the Public Water System shall be considered as expressing his or their agreement to be bound thereby. Whenever any of said rules and regulations, or such others as the Village may hereafter adopt are violated, the service shall be shut off from the building or place of such violation (even though two or more parties are receiving service through the same connection) and shall not be re-established except by order of the Director on payment of all arrears, the expenses and established charges of shutting off and turning on, and such other terms as the Director may determine, and a satisfactory understanding with the party that no further cause for complaint shall arise. The right is reserved by the Village to change the said rules, regulations, and the 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.

(2) PSC Rate File. In addition to the rules and regulations contained herein, the Utility adopts and fully incorporates the most recent version of the PSC Rate file, which is kept on file in the office of the Clerk.

(3) Utility Responsibility. It is expressly stipulated that no claim shall be made against the Village or its officers or duly authorized representatives by reason of breaking, clogging, stoppage, or freezing of any service pipe; nor from any damage arising from repairing mains, making connections or extensions or any other work that may be deemed necessary.

(4) Control of Water Service. Except for duly authorized Village Personnel, and the Persons, firms and corporations working under the direct supervision of the Village, no Person shall, and no Person shall allow or permit any employee, representative or other Person under his or her supervision, control or direction to:

(5) Tapping of Water Mains. No Persons, except those having a permit from the Director, will be permitted, under any circumstances to tap the water mains or distribution pipes. The kind and size of the connection with the pipe shall be that specified in the permit or order from the Director. All taps shall be made on the top half of the pipe, and not within eighteen inches of a joint, or within 24 inches of another connection. A department representative shall be on site to observe all connections to the municipal system.

(7) Cross-Connection Prohibited. No Person shall establish or permit to be established or maintain or permit to be maintained any cross-connection.

(8) Inspections. It shall be the duty of the Utility to cause inspection to be made of all properties serviced by the Utility where cross-connection with the Public Water System is deemed possible.

(9) Right of Entry. Upon presentation of credentials, representatives 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 Utility for cross-connection. If entry is refused, such representatives shall obtain a special inspection warrant under Wis. Stats. §66.0119.

(10) Authority to Discontinue Service. The 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 damage of contamination of the Public Water System.

(11) Reconnection of Service. Water service to any property discontinued under the provisions of this ordinance shall not be restored until the cross-connection has been eliminated or a Backflow prevention device approved by the Director has been installed in compliance with the provisions of this section. The Utility shall charge fees as approved by the State of Wisconsin Public Service Commission for the reconnection of the water service.

(12) Emergency Discontinuance of Service. If it is determined by the Director that a cross-connection or an emergency endangers public health, safety, or welfare and requires immediate action, service may be immediately discontinued. The owner, lessee, or occupant shall have an opportunity for hearing under Ch. 68, Wis. Stats., within 10 days of such emergency discontinuance. Such hearing shall be before the Village of Suamico Board of Appeals, and shall conform to all existing due process requirements.

(13) Owner Responsibility. The property owner shall be responsible for the elimination of or protection from all cross-connections on their premises.

(14) Additional Protection. In the case of premises having (a) internal cross-connections that cannot be permanently corrected or controlled, or (b) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the Public Water System shall be protected against Backflow from the premises by installing an approved Backflow Preventer in the service line.

(a) To protect public health, safety and welfare and to prevent contamination of groundwater by assuring that unused, unsafe or non-complying wells or wells which may act as conduits for contamination of groundwater or wells which may be illegally cross-connected to the municipal water system, are properly maintained or abandoned, all wells on premises served by the municipal water system shall be properly abandoned in accordance with Section 6 of this ordinance 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 Village of Suamico under terms of section (c) herein

(b) Owners of wells on premises served by the municipal water system wishing to retain their wells for any use shall make applications for a well operation permit for each well no later than 180 days after connection to the municipal water system.

1. The Village of Suamico shall grant a permit to a well owner to operate a well for a period not exceed 5 years providing all conditions of this section are met.

2. A well operation permit may be renewed by submitting an application verifying that the conditions of this section are met.

3. The Village, or its agent, may conduct inspections and water quality tests or require inspections and water quality tests to be conducted at the applicant's expense to obtain or verify information necessary for consideration of permit application or renewal.

4. Permit applications and renewals shall be made on forms provided by the Clerk. All initial and renewal applications must be accompanied by a fee as set from time to time by resolution of the village board. This fee is intended to cover costs of required testing. The following conditions must be met for issuance or renewal of a well operation permit.

i. The well and pump installation shall meet the Standards for existing Installations described in s. NR 812.42, Wisconsin Administrative Code. (Complete WDNR well inspection form, currently #3300-233.)

ii. The well and pump shall have a history of producing safe water evidenced by at least 2 Coliform bacteria samples taken a minimum of 2 weeks apart. 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.

iii. There shall be no cross-connections between the well's pump installation or distribution piping and the municipal water system.

iv. 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.

v. The private well shall have a functional pumping system.

vi. The proposed use of the private well shall be justified as reasonable outside use.

(a) All wells abandoned under the jurisdiction of this ordinance shall be done according to the procedures and methods of s. NR 812.26, Wisconsin Administrative Code. (Complete WDNR form for well abandonment, currently #3300-5b.) All debris, pumps, piping, unsealed liners and any other obstructions which may interfere with sealing operations shall be removed prior to abandonment.

(b) The owner of the well, or the owner's agent shall be required to obtain a well abandonment permit from the Village of Suamico prior to any well abandonment and shall notify the Director 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 municipal system.

(c) An abandonment report form, supplied by the Department of Natural Resources, shall be submitted by the well owner to the Director and the Department of Natural Resources Private Water Supply Section, Green Bay, Wisconsin, within 30 days of the completion of the well abandonment.

1. Upon failure to do so, the Village may cause such connection to be made and bill the property owner for such costs.

2. If such costs are not paid within thirty (30) days, such notice shall be assessed as a special tax lien against the property, all pursuant to Wis. Stats. §281.45, provided, however, that the owner may, within thirty (30) days after the completion of the work, file a written request with the Village stating that he cannot pay such amount in one (1) sum and ask that there be levied in not to exceed ten (10) equal annual installments and that the amount shall be so collected with interest at the rate of twelve percent (12%) per annum from the completion of the work, the unpaid balance being a special tax lien, all pursuant to Wis. Stats. §281.45.

(b) This chapter ordains that the failure to connect to the water system is contrary to the minimum health standards of the Utility and fails to assure preservation of public health, Utility comfort and safety of said Utility.