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ORD20141392-Chapter 28 COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1392 AN ORDINANCE TO AMEND CHAPTER 28 SECTIONS 28.04 (17) (b) and (c) AND SECTION 28.05 (4) (e) OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Cross Connection Inspections) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 28, Section 28.04 (17) (b), of the Municipal Code of the City of Muskego is hereby amended to read as follows: 28.04 OPERATING RULES (17) PURITY OF SUPPLY NOT TO BE IMPAIRED BY CROSS CONNECTIONS (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 chapters NR810 and SPS 382, Wisconsin Administrative Code. SECTION 2: Chapter 28, Section 28.04 (17) (c), of the Municipal Code of the City of Muskego is hereby amended to read as follows: (17) PURITY OF SUPPLY NOT TO BE IMPAIRED BY CROSS CONNECTIONS (c) INSPECTION. The water utility may inspect, or arrange for an inspection of, property served by the public water system for cross connections. At its sole discretion, 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. Inspections will be conducted for every residential and low hazard non-residential service a minimum of once every ten years or on a schedule matching meter replacement. Public educational materials, when being provided in lieu of low hazard inspections, shall be provided to the customer no less than every 3 years and with every cross connection inspection. Unless otherwise approved by the Utility and the WDNR, the Utility shall cause an inspection to be conducted for every high hazard services a minimum of once every 2 years. 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 28.04(17)(f) of this ordinance. Ord. #1392 Page 2 SECTION 3: Chapter 28, Section 28.05 (4) (e), of the Municipal Code of the City of Muskego is hereby amended to read as follows: 28.05 WATER SERVICE RATES (4) USE OF PRIVATE WELLS UPON CONNECTION TO MUNICIPAL WATER SERVICE (e) Permanent Abandonment Procedure. (Ord. #786 - 3-18-93) Owner intending to permanently abandon well will notify the Utility of the date of the intended abandonment. Persons intending to abandon a well shall pay a $30 registration fee to the Building Inspection Department, fill out a registration form and DNR Form #3300-5W and/or any other similar or replacement forms that may be in use from time to time. The DNR form or forms shall be completed and properly filed and a copy of said completed form filed with the City of Muskego Building Inspection Department within 30 days of receipt of said form. Failure to return the completed DNR form or forms to the Building Inspection Department within the time required will result in the well not being abandoned. The Utility will be permitted to fully inspect the entire process of abandonment. Owner will comply with NR 812, Wisconsin Administrative Code. In the event the Owner of a private well that has tested unsafe or has failed to obtain well permit refuses or neglects to permanently abandon said well on or before September 1 of each year, the Utility or its agents or contractors may, without notice, enter upon Owner's property and permanently seal said well in accordance with NR 812, Wisconsin Administrative Code, and the cost thereof shall be presented to the City Treasurer who shall place said amount on the tax roll as a special charge pursuant to State Statute 66.60 (16), Wisconsin Statutes. Any person § who shall attempt to abandon said well without having first notified the Utility shall be subject to the requirement of furnishing the Utility proof of property compliance with NR 812, Wisconsin Administrative Code. In the event owner is unable to furnish satisfactory proof to the Utility that said well was properly abandoned under said Administrative Code provision, the Utility shall have the right to enter upon the property and perform all necessary tasks to verify that the abandonment of said well was done under the Administrative Code procedure and specifications. Any and all costs incurred by the Utility in permanently sealing said well shall be presented to the City Treasurer who shall place said amount on the tax roll as a special charge pursuant to State Statute 66.60(16), Wisconsin § Statutes. Any future additions, amendments, revisions or modifications of the current NR 812, Wisconsin Administrative Code, or future successors to said section, are also incorporated herein by reference. SECTION 4: The several sections of this Ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the Ordinance which shall remain in full force and effect. Any other Ordinance whose terms are in conflict with the provisions of this Ordinance is hereby repealed as to those terms that conflict. SECTION 5: This Ordinance shall be in full force and effect from and after its passage and publication. Ord. #1392 Page 3 TH PASSED AND APPROVED THIS 9 DAY OF DECEMBER _ , 2014. CITY OF MUSKEGO _______________________________ Kathy Chiaverotti, Mayor ATTEST: First reading: 11/25/2014 _________________________ Clerk-Treasurer 11/2014jmb Notice of Newly Enacted Ordinance Published: December 18, 2014