Section 185.16. Protection of water utility facilities.

 

(1)  A water public utility upon receipt of written notice as required by s. 66.0831 , Stats., from the property owner or from a contractor of work which may affect its facilities used for serving the public:

(a) Shall investigate and decide what action, if any, may reasonably be taken to protect or alter utility facilities in order to protect service to the public and to avoid unnecessary damage, such as identifying in a suitable manner the location of any underground utility facilities which may be affected by the work.

(b) Shall take such action as is reasonably and legally necessary to protect, remove, alter, or reconstruct its facilities, and shall perform this work with reasonable dispatch taking into account the conditions to be met, provided that nothing in this section shall be deemed to affect any right which the utility may have to require advance payment or adequate assurance of payment of the reasonable cost to the utility by the property owner or contractor.

(c) May, in order to protect its interests, require that the owner or contractor perform certain work upon or removal of that part of the service piping from the property upon which the excavating, building, or wrecking operations are being performed.

(2)  This section is not intended to affect the responsibility of the contractor or owner, or the liability or legal rights of any party.

Cr. Register, January, 1997, No. 493 , eff. 2-1-97; correction in (1) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register October 2001 No. 550 .