Chapter 187

WATER

[HISTORY: Adopted by the Village Board of the Village of Holmen 6-12-2008 by Ord. No. 3.08.^[1] Amendments noted where applicable.]  

GENERAL REFERENCES

 Building construction — See Ch. 29.

 Excavations — See Ch. 58.

 Sewers — See Ch. 150.

  

ARTICLE I

Rates, Rules and Practices

§ 187-1.  Public fire-protection service. 

A.     For public fire-protection service to the Village of Holmen, the annual charge shall be $227,042. 

B.     This service shall include the use of hydrants for fire-protection service only and such quantities of water as may be demanded for the purposes of extinguishing fires within the service area. This service shall also include water used for testing equipment and training personnel. For all other purposes, the metered or other rates set forth, or as may be filed with the Public Service Commission, shall apply.   

§ 187-2.  Private unmetered fire-protection service. 

A.     This service shall consist of permanent or continuous unmetered connections to the main for the purpose of supplying water to private fire-protection systems such as automatic sprinkler systems, standpipes, and private hydrants. 

B.     Quarterly demand charges for private fire-protection service shall be as follows:

	Size of Connection	Charge
	2-inch	$15
	3-inch	$30
	4-inch	$66
	6-inch	$108
	8-inch	$180
	10-inch	$267
	12-inch	$345
	14-inch	$435
	16-inch	$525

 

    

C.     Billing shall be the same as in Schedule Mg-1.   

§ 187-3.  General metered service. 

A.     Service and volume charges for general metered service shall be as follows: 

(1)    Quarterly service charge:

	Size of Connection	Charge
	5/8-inch meter	$15
	3/4-inch meter	$15
	1-inch meter	$24
	1-1/4-inch meter	$33
	1-1/2-inch meter	$42
	2-inch meter	$63
	3-inch meter	$99
	4-inch meter	$150
	6-inch meter	$270
	8-inch meter	$420
	10-inch meter	$630
	12-inch meter	$840

 

    

(2)    Plus volume charge:  

(a)     First 50,000 gallons used each quarter: $1.88 per 1,000 gallons.  

(b)     Next 150,000 gallons used each quarter: $1.60 per 1,000 gallons.  

(c)     Over 200,000 gallons used each quarter: $1.10 per 1,000 gallons.     

B.     Billing. Bills for water service are rendered quarterly and become due and payable upon issuance following the period for which service is rendered. A late payment charge of 1% per month will be added to bills not paid within 20 days of issuance. This late payment charge will be applied to the total unpaid balance for utility service, including unpaid late payment charges. This late payment charge is applicable to all customers. The utility customer may be given a written notice that the bill is overdue no sooner than 20 days after the bill is issued. Unless payment or satisfactory arrangement for payment is made within the next 10 days, service may be disconnected pursuant to Wis. Adm. Code ch. PSC 185. 

C.     Combined metering. Volumetric meter readings will be combined for billing if the utility for its own convenience places more than one meter on a single water service lateral. Multiple meters placed for the purpose of identifying water not discharged into the sanitary sewer are not considered for utility convenience and shall not be combined for billing. This requirement does not preclude the utility from combining readings where metering configurations support such an approach. Meter readings from individually metered separate service laterals shall not be combined for billing purposes.   

§ 187-4.  Other charges. 

A.     A charge of $30 shall apply to the customer's account when a check rendered for utility service is returned for insufficient funds. This charge may not be in addition to, but may be inclusive of, other insufficient funds charges when the check was for payment of multiple services. 

B.     Billing shall be the same as in Schedule Mg-1.   

§ 187-5.  General suburban service. 

A.     Water customers residing outside the corporate limits of the Village of Holmen shall be billed at the regular rates for service (Schedule Mg-1) plus a 25% surcharge. 

B.     Billing shall be the same as in Schedule Mg-1.   

§ 187-6.  General unmetered water service. 

A.     Where the utility cannot immediately install its water meter, service may be supplied temporarily on an unmetered basis. Such service shall be billed at the rate of $52.60 per quarter. This rate shall be applied only to single-family residential and small commercial customers and approximates the cost of 20,000 gallons of water per quarter under Schedule Mg-1. If it is determined by the utility that usage is in excess of 20,000 gallons of water per quarter, an additional charge per Schedule Mg-1 will be made for the estimated additional usage. 

B.     Billing shall be the same as in Schedule Mg-1.   

§ 187-7.  Public service. 

A.     Water service supplied to municipal buildings, schools, sewer treatment plants, etc., shall be metered and the regular metered service rates (Schedule Mg-1) applied. 

B.     Water used on an intermittent basis for flushing sewers, street sprinkling, flooding skating rinks, drinking fountains, etc., shall be metered where meters can be set to measure the service. Where it is impossible to measure the service, the Superintendent shall estimate the volume of water used based on the pressure, size of opening and period of time water is allowed to be drawn. The estimated quantity used shall be billed at the rate of $1.60 per 1,000 gallons. 

C.     Billing shall be the same as in Schedule Mg-1.   

§ 187-8.  Reconnection charges. 

A.     Reconnection charges shall be as follows:

	Action	During Normal Business Hours	After Normal Business Hours
	Reinstallation of meter, including valving at curb stop	$40	$60
	Valve turned on at curb stop	$30	$45

 

NOTE: No charge for disconnection.

             

    

B.     Billing shall be the same as in Schedule Mg-1.   

§ 187-9.  Seasonal, emergency or temporary service. 

A.     Seasonal customers [NOTE: Seasonal customers are general service customers whose use of water is normally for recurring periods of less than a year.] shall pay an annual seasonal service charge equal to four times the applicable service charge in Schedule Mg-1. Water use in any billing period shall be billed at the applicable volume rates in Schedule Mg-1 and the charge added to the annual seasonal service charge. 

B.     For disconnections of service not previously considered as seasonal, emergency, or temporary, if service is resumed at the same premises by the same customer within a twelve-month period, and if there has been no service to another customer during the intervening period, the customer shall be billed for the pro rata share of the applicable service charge for the period of disconnection. 

C.     Further, if service has been disconnected or a meter removed, a charge under Schedule R-1 shall be applied at the time of reconnection or meter installation. 

D.     Billing shall be the same as in Schedule Mg-1.   

§ 187-10.  Building and construction water service.

Building and construction water service rates shall be as follows: 

A.     For single-family and small commercial buildings, apply the unmetered rate (Schedule Ug-1). 

B.     For large commercial, industrial or multiple apartment buildings, a temporary metered installation shall be made and general metered rates (Schedule Mg-1) applied. 

C.     Billing shall be the same as in Schedule Mg-1.   

§ 187-11.  Bulk water. 

A.     All bulk water supplied from the water system through hydrants or other connections shall be metered, or at the direction of the utility, estimated. Utility personnel or a utility-approved party shall supervise the delivery of water. 

B.     Bulk water sales are: 

(1)    Water supplied to tank truck or from hydrants for the purpose of extinguishing fires outside the utility's immediate service area; 

(2)    Water supplied by tank truck or from hydrants for purposes other than extinguishing fires, such as irrigation or the filling of swimming pools; or 

(3)    Water supplied from hydrants or other temporary connections for general service-type applications. (Water supplied for construction purposes: see Schedule Mz-1.)   

C.     A charge for the volume of water used will be billed to the party using the water at $1.88 per 1,000 gallons. A service charge, in addition to the volumetric charge, will be $40. In addition, for meters that are assigned to bulk water customers for more than 30 days, the applicable service charge in Schedule Mg-1 will apply after the first 30 days. 

D.     The water utility may require reasonable deposits for the temporary use of its equipment under this and other rate schedules. The deposit(s) collected will be refunded upon return of the utility's equipment. Damaged or lost equipment will be repaired or replaced at the customer's expense. 

E.      Billing shall be the same as in Schedule Mg-1.   

§ 187-12.  Water lateral installation charge. 

A.     Subdivision developers shall be responsible, where the main extension has been approved by the utility, for the water service lateral installation costs from the main through the curb stop and box. 

B.     When the cost of a utility main extension is to be collected through assessment by the municipality, the actual average water lateral installation costs from the main through the curb stop and box shall be included in the assessment of the appropriate properties. 

C.     The initial water service lateral(s), not installed as part of a subdivision development or an assessable utility extension, will be installed from the main through the curb stop and box by the utility, for which the actual cost will be charged.   

§ 187-13.  Compliance with water utility operating rules.

All persons now receiving water service from this 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. 

§ 187-14.  Establishment of water service. 

A.     Application for water service may be made in writing on a form furnished by the water utility. The application will contain the legal description of the property to be served, name of the owner, the exact use to be made of the service, and the size of the service lateral and meter desired. Note particularly any special refrigeration, fire protection or water-consuming air-conditioning equipment. 

B.     Service will be furnished only if: 

(1)    The premises have a frontage on a properly platted street or public strip in which a cast iron or other long-life water main has been laid, or where the property owner has agreed to and complied with the provisions of the utility's filed main extension rule; 

(2)    The property owner has installed or agrees to install a service lateral from the curb stop to the point of use that is not less than six feet below the surface of an established or proposed grade and meets the water utility's specification; and 

(3)    The premises have adequate piping beyond the metering point.   

C.     The owner of a multi-unit dwelling has the option of being served by individual metered water service to each unit. The owner, by selecting this option, is required to provide interior plumbing and meter settings to enable individual metered service to each unit and individual disconnection without affecting service to other units. Each meter and meter connection will be a treated as a separate water utility account for the purpose of the filed rules and regulations. 

D.     No division of the water service lateral to any lot or parcel of land shall be made for the extension and independent metering of the supply to an adjoining lot or parcel of land. Except for duplexes, no division of a water supply lateral shall be made at the curb for separate supplies for two or more separate premises having frontage on any street or public service strip, whether owned by the same or different parties. 

E.      Duplexes may be served by one lateral provided: 

(1)    Individual metered service and disconnection is provided; and 

(2)    It is permitted by local ordinance.   

F.      Buildings used in the same business, located on the same parcel, and served by a single lateral may have the customer's water supply piping installed t a central point so that volume can be metered in one place. 

G.     The water utility may withhold approval of any application where full information of the purpose of such supply is not clearly indicated and set forth by the applicant property owner.   

§ 187-15.  Service contracts. 

A.     Where the water utility has disconnected service at the customer's request, a reconnection charge shall be made when the customer requests reconnection of service. See Schedule R-1 for the applicable rate. 

B.     A reconnection charge shall also be required from consumers whose services are disconnected (shut off at curb stop box) because of nonpayment of bills when due. See Schedule R-1 for the applicable rate. 

C.     If reconnection is requested for the same location by any member of the same household, or, if a place of business, by any partner of the same business, it shall be considered as the same customer.   

§ 187-16.  Temporary metered service; meter and deposits.

An applicant for temporary water supply on a metered basis shall make and maintain a monetary deposit for each meter installed, as security for payment for use of water and for such other charges which may arise from the use of the supply. A charge shall be made for setting the valve and furnishing and setting the meter. See Schedule BW-1 for applicable rate. 

§ 187-17.  Water for construction. 

A.     When water is requested for construction purposes or for filling tanks or other such uses, an application shall be made to the water utility, in writing, giving a statement of the amount of construction work to be done or the size of the tank to be filled, etc. Payment for the water for construction may be required in advance at the scheduled rates. The service lateral must be installed into the building before water can be used. No connection with the service lateral at the curb shall be made without special permission from the water utility. In no case will any employee of the water utility turn on water for construction work unless the contractor has obtained permission from the water utility. 

B.     Consumers shall not allow contractors, masons or other persons to take water from their premises without permission from the water utility. Any customer failing to comply with this provision may have water service discontinued and will be responsible for the cost of the estimated volume of water used.   

§ 187-18.  Use of hydrants. 

A.     In cases where no other supply is available, permission may be granted by the water utility to use a hydrant. No hydrant shall be used until the proper meter and valve are installed. In no case shall any valve be installed or moved except by an employee of the water utility. 

B.     Before a valve is set, payment must be made for its setting and for the water to be used at the scheduled rates. Where applicable, see Schedule BW-1 for deposits and charges. Upon completing the use of the hydrant, the customer must notify the utility to that effect.   

§ 187-19.  Operation of valves and hydrants and unauthorized use of water.

Any person who shall, without authority of the water utility, allow contractors, masons or other unauthorized persons to take water from their premises, 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 who shall wantonly damage or impair the same, shall be subject to a forfeiture of not less than $100 nor more than $500 for the first offense and not less than $200 nor more than $1,000 for a subsequent offense. Each day, or portion thereof, that such violation continues is hereby deemed to constitute a separate offense. Utility permission for the use of hydrants applies only to such hydrants that are designated for the specific use. 

§ 187-20.  Refunds of monetary deposits.

All moneys deposited as security for payment of charges arising from the use of temporary water service on a metered basis, or for the return of a hydrant valve and fixtures if the water is used on an unmetered basis, will be refunded to the depositor on the termination of the use of water, the payment of all charges levied against the depositor, and the return of the water utility's equipment. 

§ 187-21.  Service connections or water laterals. 

A.     No water service shall be laid through any trench having cinders, rubbish, rock or gravel fill, or any other material which may cause injury to or disintegration of the service lateral, unless adequate means of protection are provided by sand filling or such other insulation as may be approved by the water utility. Service laterals passing through curb or retaining walls shall be adequately safeguarded by provision of a channel space or pipe casing not less than twice the diameter of the service connection. The space between the service lateral and the channel or pipe casing shall be filled and lightly caulked with oakum, mastic cement or other resilient material and made impervious to moisture. 

B.     In backfilling the pipe trench, the service pipe must be protected against injury by carefully hand tamping the ground filling around the pipe. There should be at least six inches of ground filling over the pipe, and it should be free from hard lumps, rocks, stones or other injurious material. All water service laterals shall be of undiminished size from the street main into the point of meter placement. Beyond the meter outlet valve, the piping shall be sized and proportioned to provide, on all floors, at all times, an equitable distribution of the water supply for the greatest probable number of fixtures or appliances operating simultaneously.   

§ 187-22.  Replacement and repair of service laterals. 

A.     The service lateral from the main to and through the curb stop will be maintained and kept in repair and, when worn out, replaced at the expense of the water utility. The property owner shall maintain the service lateral from the curb stop to the point of use. 

B.     If an owner fails to repair a leaking or broken service lateral from the curb to the point of metering or use within such time as may appear reasonable to the water utility after notification has been served on the owner by the water utility, the water will be shut off and will not be turned on again until the repairs have been completed.   

§ 187-23.  Abandonment of service.

If a property owner changes the use of a property currently receiving water service such that water service will no longer be needed in the future, the water utility may require the abandonment of the water service at the water main. In such case, the property owner may be responsible for all removal and/or repair costs, including the water main and the utility portion of the water service lateral. 

§ 187-24.  Charges for water wasted due to leaks.

For provisions regarding charges for water wasted due to leaks, see Wis. Adm. Code, § PSC 185.35. 

§ 187-25.  Thawing frozen service laterals.

For provisions regarding thawing frozen services, see Wis. Adm. Code, § PSC 185.88. 

§ 187-26.  Curb stop boxes.

The curb stop box is the property of the water utility. The water utility is responsible for its repair and maintenance. This includes maintaining, through adjustment, the curb stop box at an appropriate grade level where no direct action by the property owner or occupant has contributed to an elevation problem. The property owner is responsible for protecting the curb stop box from situations that could obstruct access to it or unduly expose it to harm. The water utility shall not be liable for failure to locate the curb stop box and shut off the water in case of a leak on the owner's premises. 

§ 187-27.  Installation of meters.

Meters will be owned, furnished and installed by the water utility or a utility-approved contractor and are not to be disconnected or tampered with by the customer. All meters shall be so located that they shall be protected from obstructions and permit ready access for reading, inspection and servicing, such location to be designated or approved by the water utility. All piping within the building must be supplied by the owner. Where additional meters are desired by the owner, the owner shall pay for all piping. Where applicable, see Schedule Am-1 for rates. 

§ 187-28.  Repairs to meters. 

A.     Meters will be repaired by the water utility, and the cost of such repairs caused by ordinary wear and tear will be borne by the water utility. 

B.     Repair of any damage to a meter resulting from the carelessness of the owner of the premises, owner's agent, or tenant, or from the negligence of any one of them to properly secure and protect same, including any damage that may result from allowing a water meter to become frozen or to be damaged from the presence of hot water or steam in the meter, shall be paid for by the customer or the owner of the premises.   

§ 187-29.  Service piping for meter settings. 

A.     Where the original service piping is installed for a new metered customer, where existing service piping is changed for the customer's convenience, or where a new meter is installed for an existing unmetered customer, the owner of the premises at his/her expense shall provide a suitable location and the proper connections for the meter. The meter setting and associated plumbing shall comply with the water utility's standards. The water utility should be consulted as to the type and size of meter setting.   

§ 187-30.  Turning on water.

The water may only be turned on for a customer by an authorized employee of the water utility. Plumbers may turn the water on to test their work, but upon completion, must leave the water turned off. 

§ 187-31.  Failure to read meters. 

A.     Where the water utility is unable to read a meter, the fact will be plainly indicated on the bill, and either an estimated bill will be computed or the minimum charge applied. The difference shall be adjusted when the meter is again read, that is, the bill for the succeeding billing period will be computed with the gallons or cubic feet in each block of the rate schedule doubled and credit will be given on that bill for the amount of the bill paid the preceding period. Only in unusual cases shall more than three consecutive estimated or minimum bills be rendered. 

B.     If the meter is damaged (see § 187-43, Surreptitious use of water) or fails to operate, the bill will be based on the average use during the past year, unless there is some reason why the use is not normal. If the average use cannot be properly determined, the bill will be estimated by some equitable method. 

C.     For provisions regarding failure to read meters, see Wis. Adm. Code § PSC 185.33.   

§ 187-32.  Complaint meter tests.

For provisions regarding complaint meter tests, see Wis. Adm. Code § PSC 185.77. 

§ 187-33.  Inspection of premises.

During reasonable hours, any officer or authorized employee of the water utility shall have the right of access to the premises supplied with service for the purpose of inspection or for the enforcement of the water utility's rules and regulations. Whenever appropriate, the water utility will make a systematic inspection of all unmetered water taps for the purpose of checking waste and unnecessary use of water. For provisions regarding inspection of premises, see Wis. Adm. Code § PSC 196.171. 

§ 187-34.  Vacation of premises.

When premises are to be vacated, the water utility shall be notified, in writing, at once, so that it may remove the meter and shut off the water supply at the curb stop. The owner of the premises shall be liable for prosecution for any damage to the water utility's property. See "Abandonment of Service" in Schedule X-1 for further information. 

§ 187-35.  Deposits for residential service.

For provisions regarding deposits for residential service, see Wis. Adm. Code § PSC 185.36. 

§ 187-36.  Deposits for nonresidential service.

For provisions regarding deposits for nonresidential service, see Wis. Adm. Code § PSC 185.361. 

§ 187-37.  Deferred payment agreements.

For provisions regarding deferred payment agreements, see Wis. Adm. Code § 185.38. 

§ 187-38.  Dispute procedures.

For provisions regarding dispute procedures, see Wis. Adm. Code § 185.39. 

§ 187-39.  Disconnection and refusal of service. 

A.     For provisions regarding disconnection and refusal of service, see Wis. Adm. Code 

B.     The following is an example of a disconnection notice that the utility may use to provide the required notice to customers.

DISCONNECTION NOTICE   Dear Customer:   The bill enclosed with this notice includes your current charge for water utility service and your previous unpaid balance.   You have 10 days to pay the water utility service arrears or your service is subject to disconnection.   If you fail to pay the service arrears or fail to contact us within the 10 days allowed to make reasonable deferred payment arrangement or other suitable arrangement, we will proceed with disconnection action.   To avoid the inconvenience of service interruption and an additional charge of (amount) for reconnection, we urge you to pay the full arrears IMMEDIATELY AT ONE OF OUR OFFICES.   If you have entered into a deferred payment agreement with us and have failed to make the deferred payments you agreed to, your service will be subject to disconnection unless you pay the entire amount due within 10 days.   If you have a reason for delaying the payment, call us and explain the situation.   PLEASE CALL THIS TELEPHONE NUMBER, (Appropriate telephone number), IMMEDIATELY IF:   1. You dispute the notice of delinquent account.   2. You have a question about your water utility service arrears.   3. You are unable to pay the full amount of the bill and are willing to enter into a deferred payment agreement with us.   4. There are any circumstances you think should be taken into consideration before service is discontinued.   5. Any resident is seriously ill.

 

      

§ 187-40.  Illness provision.

If there is an existing medical emergency in your home and you furnish the water utility with a statement signed by either a licensed Wisconsin physician or a public health official, we will delay disconnection of service up to 21 days. The statement must identify the medical emergency and specify the period of time during which disconnection will aggravate the existing emergency. 

§ 187-41.  Deferred payment agreements. 

A.     If you are a residential customer and, for some reason, you are unable to pay the full amount of the water utility service arrears on your bill, you may contact the utility to discuss arrangements to pay the arrears over an extended period of time. 

B.     This time payment agreement will require: 

(1)    Payment of a reasonable amount at the time the agreement is made. 

(2)    Payment of the remainder of the outstanding balance in monthly installments over a reasonable length of time. 

(3)    Payment of all future utility service bills in full by the due date.   

C.     In any situation, where you are unable to resolve billing disputes or disputes about the grounds for proposed disconnection through contacts with our water utility, you may make an appeal to the Public Service Commission of Wisconsin by calling (800) 225-7729. (WATER UTILITY NAME)   

§ 187-42.  Collection of overdue bills.

An amount owed by the customer may be levied as a tax as provided in Wis. Stat. § 66.0809. 

§ 187-43.  Surreptitious use of water. 

A.     When the water utility has reasonable evidence that a person is obtaining water, in whole or in part, by means of devices or methods used to stop or interfere with the proper metering of the water utility service being delivered, the water utility reserves the right to estimate and present immediately a bill for unmetered service as a result of such interference, and such bill shall be payable subject to a twenty-four-hour disconnection of service. If the water utility disconnects the service for any such reason, the water utility will reconnect the service upon the following conditions: 

(1)    The customer will be required to deposit with the utility an amount sufficient to guarantee the payment of the bills for water utility service. 

(2)    The customer will be required to pay the water utility for any and all damages to water utility resulting from such interference with the metering. 

(3)    The customer must further agree to comply with reasonable requirements to protect the water utility against further losses.   

B.     For provisions regarding surreptitious use of water, see Wis. Stat. §§ 98.26 and 943.20.   

§ 187-44.  Repairs to mains.

The utility reserves the right to shut off the water supply in the mains temporarily 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 water supply. No credit will be allowed to customers for such temporary suspension of the water supply. For provisions regarding repairs to mains, see Wis. Admin. Code § PSC 185.87. 

§ 187-45.  Duty of utility with respect to public safety.

It shall be the duty of the water utility to see that all open ditches for water mains, hydrants and service laterals are properly guarded to prevent accident to any person or vehicle, and at night there shall be displayed proper signal lighting to insure the safety of the public. 

§ 187-46.  Handling water mains and service pipes in excavation trenches.

Contractors must call Digger's Hotline and ensure a location is done to establish the existence and location of all water mains and service laterals as provided on Wis. Stat. § 182.0175. Where water mains or service laterals have been removed, cut or damaged during trench excavation, the contractors must, at their own expense, cause them to be replaced or repaired at once. Contractors must not shut off the water service laterals to any customer for a period exceeding six hours. 

§ 187-47.  Protective devices. 

A.     Protective devices in general. The owner or occupant of every premises receiving water supply shall apply and maintain suitable means of protection of the premise supply and all appliances against damage arising in any manner from the use of the water supply, variation of water pressure, or any interruption of water supply. Particularly, such owner or occupant must protect water-cooled compressors for refrigeration systems by means of high- and/or low-pressure safety cutout devices. There shall likewise be provided means for the prevention of the transmission of water ram or noise of operation of any valve or appliance through the piping of their own or adjacent premises. 

B.     Relief valves. On all "closed systems" (i.e., systems having a check valve, pressure regulator, or reducing valve, water filter or softener), an effective pressure relief valve shall be installed either in the top of the hot water tank, or at the hot water distribution pipe connection to the tank. No stop valve shall be placed between the hot water tank and the relief valve or on the drainpipe. See applicable plumbing codes. 

C.     Air chambers. An air chamber or approved shock absorber shall be installed at the terminus of each riser, fixture branch, or hydraulic elevator main for the prevention of undue water hammer. The air chamber shall be sized in conformance with local plumbing codes. Where possible, the air chamber should be provided at its base with a valve for water drainage and replenishment of air.   

§ 187-48.  Cross-connections.

Every person owning or occupying a premises receiving municipal water supply shall maintain such municipal water supply free from any connection, either of a direct or of an indirect nature, with a water supply from a foreign source or of any manner of connection with any fixture or appliance whereby water from a foreign supply or the waste from any fixture, appliance, or waste or soil pipe may flow or be siphoned or pumped into the piping of the municipal water system.

      For provisions regarding cross-connections, see Wis. Admin. Code § NR 811.09.          

     

ARTICLE II

Water Main Extension

§ 187-49.  Water main extension.

Water mains will be extended for new customers on the following basis: 

A.     Where the cost of the extension is to immediately be collected through assessment by the municipality against the abutting property, the procedure set forth under Wis. Stat. § 66.0703 will apply, and no additional customer contribution to the utility will be required. 

B.     Where the municipality is unwilling or unable to make a special assessment, the extension will be made on a customer-financed basis as follows: 

(1)    The applicant(s) will advance as a contribution in aid of construction the total amount equivalent to that which would have been assessed for all property under Subsection A. 

(2)    Part of the contribution required in Subsection B(1) will be refundable. When additional customers are connected to the extended main within 10 years of the date of completion, contributions in aid of construction will be collected equal to the amount which would have been assessed under Subsection A for the abutting property being served. This amount will be refunded to the original contributor(s). In no case will the contributions received from additional customers exceed the proportionate amount which would have been required under Subsection A, nor will it exceed the total assessable cost of the original extension.   

C.     When a customer connects to a transmission main or connecting loop installed at utility expense within 10 years of the date of completion, there will be a contribution required of an amount equivalent to that which would have been assessed under Subsection A.    

ARTICLE III

Water Main Installations in Platted Subdivisions

§ 187-50.  Application; costs. 

A.     Application for installation of water mains in regularly platted real estate development subdivisions shall be filed with the utility. 

B.     If the developer, or contractor employed by the developer, is to install the water mains (with the approval of the utility), the developer shall be responsible for the total cost of construction. 

C.     If the utility or its contractor is to install the water mains, the developer shall be required to advance to the utility, prior to the beginning of construction, the total estimated cost of the extension. If the final costs exceed estimated costs, an additional billing will be made for the balance of the cost due. This balance is to be paid within 30 days. If final costs are less than estimated, a refund of the overpayment will be made by the water utility.    

ARTICLE IV

Wellhead Protection

§ 187-51.  Title, purpose and applicability. 

A.     Title. This article shall be known, cited and referred to as the "Wellhead Protection Ordinance" (hereafter "WHP Ordinance"). 

B.     Purpose and authority. 

(1)    The residents of the Village of Holmen (hereafter "Village") depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this article is to institute land use regulations and restrictions to protect the Village's municipal water supply and well fields, and to promote the public health, safety and general welfare of the residents of the Village. 

(2)    These regulations are established pursuant to the authority granted by the Wisconsin Legislature in 1983, Wisconsin Act 410 (effective May 11, 1984), which specifically added groundwater protection to the statutory authorization for municipal planning and zoning in order to protect the public health, safety and welfare.   

C.     Applicability. The regulations specified in this article shall apply only within the Village's corporate limits.   

§ 187-52.  Definitions.

As used in this article, the following terms shall have the meanings indicated: 

EXISTING FACILITIES WHICH MAY CAUSE OR THREATEN TO CAUSE ENVIRONMENTAL POLLUTION — Existing facilities which may cause or threaten to cause environmental pollution within the corporate limits of the Village's well fields' recharge areas which include but are not limited to the Wisconsin Department of Natural Resources' draft, Inventory of Sites or Facilities Which May Cause or Threaten to Cause Environmental Pollution, Department of Commerce List of Underground Storage Tanks (hereafter UST's) and list of facilities with hazardous solid waste permits, all of which are incorporated herein as if fully set forth.  

GROUNDWATER PROTECTION OVERLAY DISTRICT — That area contained in the maps attached as Exhibit A and incorporated herein as if fully set forth.^[2]  

RECHARGE AREA — Area in which water reaches the zone of saturation by surface infiltration and encompasses all areas or features that supply groundwater recharge to a well.  

WELL FIELD — A piece of land used primarily for the purpose of supplying a location for construction of wells to supply a municipal water system.  

§ 187-53.  Groundwater Protection Overlay District.

Provisions regarding the Groundwater Protection Overlay District (hereafter "district") shall be as follows: 

A.     Intent: the area to be protected is the Village's well fields' recharge areas contained within the Village boundary limits. These lands are subject to land use and development restrictions because of their close proximity to the well fields and the corresponding high threat of contamination. 

B.     Permitted uses. Subject to the exemptions listed in § 187-52, the following are the only permitted uses within the district. Uses not listed are to be considered prohibited uses. 

(1)    Parks, provided there are no on-site waste disposal or fuel storage tank facilities associated within this use. 

(2)    Playgrounds. 

(3)    Wildlife areas. 

(4)    Nonmotorized trails, such as biking, skiing, nature and fitness trails. 

(5)    Residential sewage on a municipal sewer system, free of flammable and combustible liquid underground storage tanks.   

C.     Requirements for existing facilities. 

(1)    Facilities shall provide copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results to the Village. 

(2)    Facilities shall provide additional environmental or safety monitoring as deemed necessary by the Village, which may include but is not limited to stormwater runoff management and monitoring. 

(3)    Facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence. 

(4)    Facilities shall have the responsibility of devising and filing with the Village a contingency plan satisfactory to the Village for the immediate notification of Village officials in the event of an emergency. 

(5)    During reasonable hours, any officer or authorized employee of the utility shall have the right of access to all properties within any Groundwater Protection Overlay District for the purpose of inspection or for the enforcement of the utility's rules and regulations.     

§ 187-54.  Requests for additional permitted uses. 

A.     Individuals and/or facilities may request the Village to permit additional land uses in the district. 

B.     Form of request; report. 

(1)    All requests shall be in writing either on or in substantial compliance with forms to be provided by the Village. The Village may request an environmental assessment report, prepared by an engineer familiar with environmental issues relating to water supply wells. The selection of the engineer shall be approved by the Village. 

(2)    Said report shall be forwarded to the Village Engineer and/or designee(s) for recommendation and final decision by the Village Board.   

C.     The individual/facility shall reimburse the Village for all consultant fees associated with this review at the invoiced amount plus administrative costs. 

D.     Any permitted uses shall be conditional and may include required environmental and safety monitoring and/or bonds and/or sureties satisfactory to the Village.   

§ 187-55.  Enforcement; violations and penalties. 

A.     In the event the individual and/or facility causes the release of any contaminants which endanger the district, the activity causing said release shall immediately cease and a cleanup satisfactory to the Village shall occur. 

B.     The individual/facility shall be responsible for all costs of cleanup, Village consultant fees at the invoice amount plus administrative costs for oversight, review and documentation. 

(1)    The cost of Village employees' time associated in any way with the cleanup based on the hourly rate paid to the employee multiplied by a factor determined by the Village representing the Village's cost for expenses, benefits, insurance, sick leave, holidays, overtime, vacation, and similar benefits. 

(2)    The cost of Village equipment employed. 

(3)    The cost of mileage reimbursed to Village employees attributed to the cleanup.   

C.     Following any such discharge, the Village may require additional test monitoring and/or bonds/sureties satisfactory to the Village. 

D.     Violations. It shall be unlawful to construct or use any structure, land or water in violation of any of the provisions of this article. In case of any violation, the Village Board, Building Inspector, or any person who would be specifically damaged by such violation, may institute appropriate action or proceedings to enjoin a violation of this article. 

E.      Penalties. Any person, firm, or corporation who fails to comply with the provisions of this article shall, upon conviction thereof, forfeit not less than $100 nor more than $500, plus the costs of prosecution for each violation, and in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days, or in the alternative, shall have such costs added to their real property as a lien against the property. Each day a violation exists or continues shall constitute a separate offense.    

ARTICLE V

Cross-Connection Control

§ 187-56.  Definitions.

As used in this article, the following terms shall have the meanings indicated: 

CROSS-CONNECTION — Any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the Village of Holmen 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.  

§ 187-57.  Cross-connections prohibited.

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 Holmen 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 Holmen and by the Wisconsin Department of Natural Resources in accordance with Wis. Admin. Code § NR 811.09. 

§ 187-58.  Inspections.

It shall be the duty of the Village of Holmen 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. The frequency of inspections and reinspections based on potential health hazards involved shall be as established by the Village of Holmen and as approved by the Wisconsin Department of Natural Resources. 

§ 187-59.  Right of entry. [Amended 1-15-2009 by Ord. No. 7.08]

Upon presentation of credentials, the representative of the Village of Holmen 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 Holmen for cross-connections. If entry is refused, such representative may obtain a special inspection warrant under Wis. Stat. § 66.0119, may inform the property owner of the Village’s intent to discontinue water service to the property, or may initiate the issuance of fines under Wis. Stat. § 196.171, until entry is granted. 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. 

§ 187-60.  Discontinuance of service; notice and hearing. [Amended 1-15-2009 by Ord. No. 7.08]

The Village of Holmen is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this article exists, or to any property wherein entry for inspection has been refused, 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 Chapter 68, Wisconsin Statutes, except as provided in § 187-61. Water service to such property shall not be restored until the cross-connection(s) have been eliminated, or the inspection has been completed, in compliance with the provisions of this article. Restoration of water service shall be subject to reconnection charges as specified in § 187-8. 

§ 187-61.  Emergencies.

If it is determined by the Village of Holmen 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 of the Village of Holmen 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. 

§ 187-62.  Adoption of state code.

The Village of Holmen adopts by reference the State Plumbing Code of Wisconsin, being Chapter COMM 82, Wisconsin Administrative Code. 

§ 187-63.  Conflict with other provisions.

This article does not supersede the State Plumbing Code, but is supplementary to it.  

ARTICLE VI

Private Well Abandonment

§ 187-64.  Purpose.

The purpose of this article 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. These wells must be properly filled and sealed. 

§ 187-65.  Filling of private wells; exceptions.

All private wells located on any premises which is served by the public water system of the Village of Holmen shall be properly filled at Village request. Only those wells for which a well operation permit has been granted by the Village Clerk may be exempted from this requirement, subject to conditions of maintenance and operation. 

§ 187-66.  Well operation permits.

A permit may be granted to a well owner to operate a well for a period not to exceed one year after water is available from the Holmen Water Department and if the following requirements are met. Application shall be made on forms provided by the Village Clerk. 

A.     The well and pump installation meet the requirements of Chapter NR 812, Wisconsin Administrative 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 Private Water Supply Section of the Department of Natural Resources. 

B.     The well has a history of producing safe water and presently produces bacteriologically safe water as evidenced by three samplings two weeks apart. 

C.     The proposed use of the well can be justified as being necessary in addition to water provided by the public water system. 

D.     No physical connection shall exist between the piping of the public water system and the private well.   

§ 187-67.  Abandonment methods.

Wells to be abandoned shall be filled according to the procedures outlined in Chapter NR 812, Wisconsin Administrative Code. The pump and piping must be removed and the well checked for obstructions prior to plugging. Any obstruction or liner must be removed. 

§ 187-68.  Reports and inspection.

A well abandonment report must be submitted by the well owner to the Department of Natural Resources on forms provided by that agency (available at the office of the DNR). The report shall be submitted immediately upon completion of the filling of the well. The filling must be observed by a representative of this municipality. 

§ 187-69.  Violations and penalties.

Any person, firm, or other well owner violating any provision of this article shall upon conviction be punished by a fine of not less than $25 nor more than $100 together with the cost of prosecution. Each twenty-four-hour period during which a violation exists shall be deemed to constitute a separate offense.