SPS 326.30SPS 326.30 Reasonableness of water and sewer rates. A manufactured home community operator or manufactured home community contractor may establish general service charges for water and sewer service in one of the following ways: SPS 326.30(1)(a)(a) If a manufactured home community operator or manufactured home community contractor purchases water and sewer service and resells the service to the manufactured home community occupants where the service is not metered, the maximum allowable water and sewer bill to each manufactured home community occupant may not exceed the lesser of the manufactured home community’s water and sewer bill, plus 30%, divided by the number of occupied lots within the community, or the retail rates of the local municipality’s water and sewer operation applied to the average user. The bill to each manufactured home community occupant shall be based on the previous billing cycle of the service provider. The average user is one whose consumption is equal to the volume of water billed to the manufactured home community operator or manufactured home community contractor, divided by the number of occupied lots or occupants within the manufactured home community. The allowable bill also includes the combination of all other charges to a typical residential customer, including such items as meter and storm water charges. SPS 326.30 NoteNote: The 30% additional charge is intended to recover the operational, maintenance, and capital costs associated with the facilities within the manufactured home community.
SPS 326.30(1)(b)(b) If a manufactured home community operator or manufactured home community contractor purchases water and sewer service and resells the service to the manufactured home community occupants where the service is metered, the maximum allowable water and sewer billing rate to each manufactured home community occupant may not exceed the local residential meter rate based on volume plus the combination of all other charges to a typical residential customer, including such items as meter and storm water charges. SPS 326.30(2)(2) If a manufactured home community operator or manufactured home community contractor owns the water supply facilities or the sewerage treatment facilities that serve the manufactured home community, the water charge to a manufactured home community occupant may not exceed the average amount charged for a similar level of water utility service furnished by Wisconsin Class D water public utilities. The charge for sewer service may not exceed 2.5 times the charge for Wisconsin Class D water service. SPS 326.30 NoteNote: Information relative to the rates of Wisconsin Class D water public utilities is available from the Wisconsin Public Service Commission Web site at psc.wi.gov. See Bulletin 25.
SPS 326.30(3)(a)(a) A manufactured home community operator or manufactured home community contractor may establish water and sewer rates in excess of those set forth in sub. (1) or (2) if the manufactured home community operator or manufactured home community contractor can provide written documentation to the department that demonstrates that higher charges are necessary to meet the reasonable costs associated with all or part of the requirements for the construction, reconstruction, improvement, extension, operation, maintenance, repair, or depreciation of the water and sewer system and for the payment of all or part of the principal and interest of any indebtedness associated with providing water and sewer service at a reasonable cost. SPS 326.30(3)(b)(b) A manufactured home community operator or manufactured home community contractor shall provide a written explanation of rates upon request of a manufactured home community occupant, and at any time rates are increased. SPS 326.30 HistoryHistory: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06; CR 14-017: am. (1) (a), (b) Register August 2014 No. 704, eff. 9-1-14. SPS 326.31SPS 326.31 Billing methods. Sewer or water bills for manufactured home community occupants shall be based on one of the following methods: SPS 326.31 NoteNote: See s. SPS 383.43 for information regarding estimating wastewater flow. SPS 326.31(4)(4) Any other method that can be shown to reasonably allocate costs among manufactured home community occupants. SPS 326.31 HistoryHistory: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06. SPS 326.32(1)(1) If payments for water and sewer service are paid separately from rent, a bill for water and sewer service shall be issued at least quarterly by the manufactured home community operator or manufactured home community contractor. The bill shall include all of the following on the manufactured home community occupant’s receipt: SPS 326.32(1)(b)(b) The present and last preceding meter readings if service is metered. SPS 326.32(1)(c)(c) The present and last preceding meter reading dates if service is metered. SPS 326.32(1)(e)(e) Clear itemization of the amounts included in the bill for the present billing period and any unpaid balance from previous billing periods, including any late payment charges. SPS 326.32(2)(2) Estimated bills shall be distinctly marked as such, if service is on a metered basis. SPS 326.32(3)(3) Except as provided in sub. (4), if payments for water and sewer service are paid separately from rent, a partial payment received for water and sewer service shall be applied, in descending order until fully paid, to each of the following types of charges on the manufactured home community occupant’s account: SPS 326.32(4)(4) Upon a manufactured home community occupant’s request, or at the discretion of the manufactured home community operator or manufactured home community contractor, partial payments may be allocated differently than set forth under sub. (3) if the allocation does not result in a disconnection of service or the imposition of a late payment penalty that would not have occurred under the allocation methodology set forth under sub. (3). SPS 326.32(5)(5) The manufactured home community operator or manufactured home community contractor may apply late payment charges to any portion of a manufactured home community occupant’s water and sewer service bill that is not paid in full within 20 days following issuance of the bill. The late payment charge each month shall not exceed one percent of the total unpaid balance per month. SPS 326.32(6)(a)(a) If a manufactured home community operator or manufactured home community contractor applies a late payment charge, the late payment charge shall apply only to that portion of the bill not paid within 20 days following issuance of the bill. SPS 326.32(6)(b)(b) If a customer disputes a bill for utility service and does not pay the disputed bill in full within 20 days following issuance of the bill, the late payment charge shall be applied only to that portion of the disputed bill later found to be correct and payable to the manufactured home community operator or manufactured home community contractor. SPS 326.32 HistoryHistory: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06; correction in (7) (b), (8) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 14-017: r. (3) (b), renum. (3) (c) to (e) to (3) (b) to (d), r. (7), (8) Register August 2014 No. 704, eff. 9-1-14. SPS 326.33SPS 326.33 Deposits for water and sewer service. SPS 326.33(1)(1) A manufactured home community operator or manufactured home community contractor may require a deposit as a condition of new or continued water and sewer service. The amount of the required deposit may not exceed $75. SPS 326.33(2)(2) The manufactured home community operator or manufactured home community contractor shall refund the water and sewer deposit of a manufactured home community occupant within the same period as for the rental agreement security deposit. SPS 326.33(3)(a)(a) Any arrearage owed by a manufactured home community occupant for water and sewer service may be deducted from the manufactured home community occupant’s water and sewer deposit. SPS 326.33(3)(b)(b) If the manufactured home community operator or manufactured home community contractor deducts a water and sewer arrearage from a manufactured home community occupant’s deposit, it may require the manufactured home community occupant to bring the water and sewer deposit up to its original amount. SPS 326.33 HistoryHistory: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06; CR 14-017: renum. (1) (a) to (1) and am., r. (1) (b) Register August 2014 No. 704, eff. 9-1-14. SPS 326.34SPS 326.34 Reasons for disconnection and refusal of service. SPS 326.34(1)(1) Water and sewer service may be disconnected or refused for any of the following actions on the part of a manufactured home community occupant: SPS 326.34(1)(d)(d) Refusal or failure to permit authorized manufactured home community operator or manufactured home community contractor personnel access to the base meter or remote register. SPS 326.34(1)(e)(e) Use of service in a manner that interferes with the service of others or the operation of nonstandard equipment, if the manufactured home community occupant has first been notified and provided with reasonable opportunity to remedy the situation. SPS 326.34(1)(f)(f) Failure to comply with Wisconsin statutes, department rules, or department orders pertaining to water and sewer service. SPS 326.34(1)(g)(g) Failure to pay costs or fees incurred by and awarded to the manufactured home community operator or manufactured home community contractor by a court of law for pursuit of collection of water and sewer bills, or failure to pay collection charges associated with water and sewer service. SPS 326.34(1)(h)(h) Use of a device that unreasonably interferes with communications or signal services used for reading meters. SPS 326.34(1)(i)(i) Failure to bring a deposit up to its original amount within 20 days of the written request to do so if all or a portion of the deposit has been used to pay a water and sewer arrearage. SPS 326.34(2)(2) A manufactured home community operator or manufactured home community contractor may disconnect water and sewer service without prior notice where a dangerous condition exists for as long as the condition exists. Upon disconnection, the manufactured home community operator or manufactured home community contractor shall provide the manufactured home community occupant with a written explanation of the dangerous condition. SPS 326.34(3)(3) Service may be discontinued with a written 24-hour notice for nonpayment of a bill covering surreptitious use of water and sewer. SPS 326.34(4)(4) A manufactured home community operator or manufactured home community contractor may disconnect water and sewer service without notice where it has reasonable evidence that water and sewer service is being obtained by potentially unsafe devices or potentially unsafe methods that stop or interfere with the proper metering of the water and sewer service. SPS 326.34(5)(5) Water and sewer service may not be disconnected or refused for any of the following reasons: SPS 326.34(5)(a)(a) Failure to pay the account of another manufactured home community occupant as guarantor of that account. SPS 326.34(5)(b)(b) Failure to pay charges arising from any underbilling occurring more than one year prior to the current billing. SPS 326.34(5)(c)(c) For the purpose of eviction of a manufactured home community occupant. SPS 326.34(5)(d)(d) If a heat advisory or warning has been declared by the national weather service for a geographic area that includes the manufactured home community. SPS 326.34(6)(6) Notwithstanding any other provision of this section, upon due notice to a manufactured home community operator or manufactured home community contractor, the operator or contractor may not disconnect service or refuse to reconnect service to a manufactured home community occupant if disconnection will aggravate an existing medical or protective services emergency of the manufactured home community occupant, a member of the manufactured home community occupant’s family, or other permanent resident of the premises where service is rendered and if the manufactured home community occupant conforms to the procedures described in s. SPS 326.35 (1) (c). SPS 326.34(7)(7) Notwithstanding any other provision of this chapter, water and sewer service may not be refused or disconnected because of a delinquent account if the manufactured home community occupant or applicant provides a deposit as a condition of future service, as governed by s. SPS 326.33, or a payment agreement guaranteed by a third party. If the guarantor has agreed to be responsible for payment of all future bills, the manufactured home community occupant shall be notified of the billing arrangement and of the ability to reject the proposed arrangement. SPS 326.34 HistoryHistory: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06; correction in (1) (b), (7), (8) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 14-017: am. (1) (a), (2), r. (6), renum. (7), (8) to (6), (7) Register August 2014 No. 704, eff. 9-1-14. SPS 326.35(1)(a)(a) A notice of disconnection may not be issued until at least 20 days after the date of issuance of the bill. SPS 326.35(1)(b)(b) Manufactured home community water and sewer service shall not be disconnected or refused because of any disputed matter while the disputed matter is being pursued in accordance with the provisions of s. SPS 326.38. SPS 326.35(1)(c)(c) A manufactured home community operator or manufactured home community contractor shall postpone the disconnection of service, or reconnect the service if disconnected, for up to 21 days on the written recommendation of a licensed physician or notice from a public health, social services, or law enforcement official that identifies the medical or protective services emergency and specifies the period of time for postponement of the disconnection. This postponement is to enable the manufactured home community occupant to arrange for payment. SPS 326.35(1)(d)(d) During the period service is continued under the provisions of this subsection, the manufactured home community occupant is responsible for the cost of residential water and sewer service. However, no action to disconnect that service shall be undertaken until expiration of the period of continued service. SPS 326.35(1)(e)(e) If there is a dispute concerning an alleged medical emergency, either party may request an informal review by the department. During the informal review, residential water and sewer service shall be continued if the manufactured home community occupant has submitted a statement or notice as set forth in par. (c). SPS 326.35(2)(a)(a) A manufactured home community operator or manufactured home community contractor shall not disconnect service unless written notice by first class mail is sent to the manufactured home community occupant or personally served upon the occupant at least 8 calendar days prior to the first date of the proposed disconnection except as provided in s. SPS 326.34 (2), (3), and (4). If the billing address is different from the service address, notice shall be posted at the service address not less than 5 days before disconnection. The notice shall contain the information set forth in s. SPS 326.36. SPS 326.35(2)(b)(b) If disconnection is not accomplished on or before the 15th day after the first notice date, a subsequent notice shall be left on the premises not less than 24 hours nor more than 48 hours prior to the disconnection unless the manufactured home community occupant and the manufactured home community operator or manufactured home community contractor agree to extend the 15-day time period. If disconnection is not accomplished on or before the 30th day after the original eight-day disconnection notice was issued, the manufactured home community operator or manufactured home community contractor shall issue a new eight-day disconnection notice prior to proceeding with the disconnection of water and sewer service. SPS 326.35(2)(c)(c) The manufactured home community operator or manufactured home community contractor shall make a reasonable effort to have a personal or telephone contact with the manufactured home community occupant prior to disconnection. If a contact is made, the manufactured home community operator or manufactured home community contractor shall review the reasons for the pending disconnection of service and explain what actions shall be taken by the manufactured home community occupant to avoid disconnection. The manufactured home community operator or manufactured home community contractor shall keep a record of the contacts and contact attempts. SPS 326.35(2)(d)(d) If a dispute cannot be resolved, the manufactured home community operator or manufactured home community contractor shall inform the manufactured home community occupant of the right to appeal to the department in accordance with s. SPS 326.38. SPS 326.35(3)(3) Service shall not be disconnected on a day, or on the day immediately preceding a day, when the business offices of the manufactured home community operator or manufactured home community contractor are not available to the manufactured home community occupants for the purpose of transacting all business matters. If the manufactured home community operator or manufactured home community contractor is not available for all business matters, it shall be considered to be available if it provides personnel that are readily available to the manufactured home community occupant 24 hours per day to evaluate, negotiate, or otherwise consider the manufactured home community occupant’s objection to the disconnection as provided under s. SPS 326.38, and proper service personnel are readily available to restore service 24 hours per day. SPS 326.35 HistoryHistory: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06; correction in (1) (b), (2) (a), (d), (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672. SPS 326.36(1)(1) A disconnection notice shall contain all of the following information: SPS 326.36(1)(a)(a) The name and address of the manufactured home community occupant and the address of the service, if different. SPS 326.36(1)(b)(b) The reason for the proposed disconnection of service and a statement that service will be disconnected if one of the following does not occur: SPS 326.36(1)(c)(c) A statement that the manufactured home community occupant shall immediately contact the manufactured home community operator or manufactured home community contractor at the number listed if the manufactured home community occupant disputes the account considered delinquent, if any resident is seriously ill, or if there are other extenuating circumstances. SPS 326.36 NoteNote: Extenuating circumstances include things such as the presence of occupants who are any of the following: infants or young children, elderly persons, persons with disabilities, or persons who use life support systems or equipment.
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Chs. SPS 301-399 ; Safety, Buildings, and Environment
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