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2023-865 FILE ORDINANCE NO. 2023-865 An Ordinance amending various portions of Janesville's Water and Sewers Ordinance, Chapter 40, Article II — Water Service, Article III Sewer System, and Article IV Septic Tanks and Service Connections, with penalties for violations thereof as set forth in JGO Sections 40-38 (as herein amended), 40-82, and 40-112. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Subsections (d), (e), and (g) of Section 40-25 of the Code of General Ordinances of the City of Janesville are hereby amended to read as follows: "Sec. 40-25. Underground work to be done by City; exception. (d) All water service pipe laid underground between stop box and the meter of two inches in diameter or less shall be of the materials listed in SPS 384. All pipe laid underground between main and stop box shall be Type K soft copper. All pipe larger than two inches installed within the public right-of-way shall be ductile iron pipe meeting the standards of the American Water Works Association (AWWA) for water service. (e) In addition to the PSC Water Utility Operating Rules, when the property requires a larger service lateral to replace an existing smaller diameter pipe, the smaller service must be disconnected at the main by removal of the corporation. It will be the responsibility of the owner to remove the existing corporation and plug the main, the owner is also responsible for the excavation of the water main at the existing corporation and the street repair. In addition, the existing curb box (stop box) must be removed by the owner. The owner is also responsible for all costs associated with the installation of the new larger service lateral from the main to, and including, the curb box. Normally, two or more water services may not be connected together for the purpose of increasing the quantity of water available for a single premise. Two services will only be provided to one facility when required by the State Administrative Code (i.e., certain medical facilities). Existing facilities that do have more than one service to a single premise are required to provide adequate backflow prevention to ensure the safety of the public water supply. (g) Prior to razing any building, or portion thereof, the person to whom a razing permit has been issued shall cause all water services to be disconnected and capped at the curb stop if the service is to be reused, and is of copper, PVC or ductile iron, if, however, the service is not scheduled for reuse, or is of wrought iron, lead or cast iron it shall be disconnected at the main by the removal of the corporation stop unless otherwise approved by the Director, the service lateral shall be abandoned. It will be the responsibility of the owner to remove the existing corporation and plug the main, The owner is responsible for the excavation of the water main at the existing corporation and the street repair. In addition, the existing curb box (stop box) must be removed by the owner. If the existing service is greater than 2 inches in diameter the existing tap valve shall be removed and a solid sleeve shall be installed on the water main or plug the existing tee at the water main, as applicable." SECTION II. Subsections (j) and (k) of Section 40-26 of the Code of General Ordinances of the City of Janesville are hereby created to read as follows: "Sec. 40-26. Meters. (j) Failure to allow Water Utility personnel to access the base meter for the purposes of getting a meter reading, meter replacement, and or meter reading device installation or upgrade will result in water service disconnection or a $25.00 fine per month until the required work has been completed. See: PSC185.37. (k) For all 3" and larger water meters, a test port must be hard piped from the water meter to the exterior of the building to allow for periodic water meter flow testing." SECTION III. The heading to Section 40-26.5 is amended; and sub-subsection (d) (3), and sub-subsections (f) (2), (3), (4), (5), (6), (7), and (8) of Section 40-26.5 of the Code of General Ordinances of the City of Janesville are hereby amended to read as follows: "Sec. 40-26.5 Replacement of lead or Iron service pipes; exception. (d) Lead or Iron service line replacement requirement. (3) Where a private lead or Iron service line is not connected to a utility service line constructed of lead or iron, the replacement of the private LSL shall be completed under a schedule established by the utility. (f) Replacement of private lead service lines in conjunction with replacement of utility lead service lines. (2) Prior to scheduling the replacement of utility LSLs, a utility employee, proficient at determining lead and iron service line materials, shall inspect each connected and affected private service line to determine whether it is constructed of lead or iron. (3) If a private service line is found to be constructed of lead or iron, the utility will notify the property owner of that fact in writing. The utility will also notify the property owner that the property owner must replace the private lead or iron service line in conjunction with City's scheduled replacement of the utility LSL that is connected to that private lead or iron service line, and that failure to do so may subject the property owner to non-compliance penalties. This replacement will be at the sole cost and expense of the property owner. (4) At least 90 days prior to the date of the scheduled replacement of a utility LSL, the utility shall notify the property owner with a connected private lead or iron service line in writing of the scheduled date of replacement of the utility LSL. (5) The property owner must schedule the replacement of the private lead or iron service line to coincide with the scheduled replacement of the utility LSL. Within 30 days of receiving the replacement notice, the property owner shall notify the utility that the replacement of the private lead or iron service line has been scheduled and provide the name of the Plumbing Contractor who will complete the replacement work. (6) Private lead or iron service line replacement work must be completed at the same time as the utility LSL is replaced. An extension of time may be allowed by the Utility Director only if the property owner demonstrates that there is a compelling need for an extension and that an extension will not create an imminent threat to the health, safety, or welfare of the public. (7) Failing to replace a private lead or iron service line as required by this section may result in the issuance of non-compliance penalties and/or implementation of other relief. (8) A property owner who replaces a private lead or iron service line under this subsection may be eligible to receive financial assistance under the program described in Subsection (h)." SECTION IV. Subsections (b), (c), (d), and (e) of Section 40-27 of the Code of General Ordinances of the City of Janesville are hereby amended to read as follows: "Sec. 40-27. Fire protection and automatic sprinkler service. (b) All Private fire protection and/or automatic sprinkler service lines shall be installed with a gate valve and gate box, at the connection main (tapping valve) or installation of a tee with a valve at the City water main. Also, an approved backflow preventer must be installed in the line immediately inside of the building and ahead of any sprinkling nozzles, hose connection or hydrants. (c) The Private fire line and/or automatic sprinkler line may be used for domestic service. A shut off valve shall be provided on the domestic service. No more than one domestic connection can be made, nor more than one building served, from a single private fire line connection to a public water main. In addition, a building cannot be served with a domestic service from a private fire line unless the private fire line is connected to, and serves, the same building. (d) Consumers having unmetered private fire protection and/or automatic sprinkler system can test their fire apparatus upon notice to the utility that such a test is desired, and a time and date mutually satisfactory can be arranged at which time said test may be undertaken. Authorized insurance representatives and inspectors shall likewise be required to give proper notice to the utility. (e) Any private fire protection or automatic sprinkler on a water service two inches or smaller shall be metered using either the general service meter or a separate dedicated meter. Existing small systems shall be metered as directed by the utility." SECTION V. Subsections (f) and (g) of Section 40-27 of the Code of General Ordinances of the City of Janesville are hereby created to read as follows: Sec. 40-27. Fire protection and automatic sprinkler service. (f) All required maintenance or replacement of any portion of the private fire line which includes the valve and associated piping from the connection to the City water main to the termination point in the building is the responsibility of the owner. (q) All fire hydrants installed within the City of Janesville shall conform to the City of Janesville standards and specifications. Fire hydrants installed on private property shall be painted red by the owner to designate them as private. (Code 1976, § 13.04.080) SECTION VI. The first unnumbered paragraph set forth in Subsection (2) of Section 40- 37 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: "Sec. 40-37. Private well abandonment. (2) A permit may be granted to a well owner to operate a well for a period not to exceed five years if the following requirements are met. Application must be made on forms provided by the Janesville Water Utility." SECTION VII. Subsection (a) of Section 40-38 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: "Sec. 40-38. Violations; penalties; remedies. (a) Any person, firm or corporation, or any officer of any corporation, who violates or causes to be violated Section 40-36 or 40-37 shall forfeit and pay to the City a penalty of not less than $500.00 and not more than $1,000.00 for each violation, together with the costs of prosecution, and in default of the payment of such forfeiture, shall be subject to such sanctions and penalties as provided by law and/or ordered by the court, and/or committed to the Rock County Jail for a term as set forth by the court." SECTION VIII. Section 40-73 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: "Sec. 40-73. Sewer service laterals—Connections, generally. No four-inch or six-inch service lateral connection shall be made with any sewer main except at a "Y" or "T" branch. Where a "Y" or "T" branch is not available for connection on an existing sewer, connection shall be made using a tapping saddle, as approved by the Plumbing Inspector. (Code 1976, § 13.08.070)" SECTION IX. Section 40-74 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: "Sec. 40-74. - Sewer service laterals—Connections at manholes; exception. Any service lateral connection eight inches or greater in diameter shall be made at a manhole on the main sewer, except when granted special permission by the Plumbing Inspector and the Director. Where a drop connection is warranted, an outside drop must be installed. Inside drop connections at structures will not be allowed. (Code 1976, § 13.08.080)" SECTION X. Section 40-75 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: "Sec. 40-75. - Connection approval and supervision. Connections are to be approved by the Plumbing Inspector. The laying of all sanitary sewers, sewer service laterals and building sewers, and the making of connections between them, are subject to the supervision of the Plumbing Inspector. Prior to razing any building or portion thereof, the person to whom the razing permit has been issued, or the owner or possessor of the structure thereof, shall cause all sanitary laterals to be disconnected and abandoned by installing a watertight cap on the end of the lateral at the property line. Laterals connected to public sanitary structures that will not be reused must be grouted shut at the structure. (Code 1976, § 13.08.090)" SECTION Xl. Section 40-111 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: "Sec. 40-111. - Sewer and water connection required when. All dwellings in the City shall be connected with sewer and water where these utilities are available as determined by the Director. This connection shall be made within one year of the sewer and water becoming available. Except where otherwise required in this chapter, each structure or address as it relates to a duplex shall have a separate sewer lateral and water service connection to the public sewer and water mains as required in Article II of Chapter 10. Connections to the water and sewer systems shall be made at the same time. This requirement to connect may be deferred for up to five years with the approval of the City Council. When connection deferrals are granted, the connection deferral applies to both water and sewer. A connection deferral will not be granted for only one utility. If only one utility is available, connection to that main must be made within one year and connection to the other utility main within one year of when it becomes available. (Code 1976, § 13.12.040; Ord. No. 2020-798 , § 5, 8-24-2020)" ADOPTED: April 10, 2023 Motion by: Jackson Second by: Marshick APPROVED: Councilmember Aye Nay Pass Absent Benson X Burdick X David J. Moo Acti City Manager Jackson X Marklein X Marshick X ATTEST: Miller X Williams X Lorena Rae Stottler, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Utility Division of the Public Works Department Prepared by: Utility Division of the Public Works Department and City Attorney