[Adopted 12-19-2011 by Ord. No. 2011-4]
The purpose of this article is to protect public health, safety
and welfare and to prevent contamination of groundwater by assuring
that unused, unsafe or noncomplying wells or wells which may act as
conduits for contamination of groundwater or wells which may be illegally
cross-connected to the municipal water system are properly maintained
or abandoned.
This article applies to all wells located on premises served by the City of New Lisbon municipal water system. Utility customers outside the jurisdiction of the municipal system may be required under contract agreement or utility rule to adopt and enforce equivalent ordinances within their jurisdictions for the purpose stated in § 467-10 above.
As used in this article, the following terms shall have the
meanings indicated:
A community water system owned by a city, village, county,
town, town sanitary district, utility district, public inland lake
and rehabilitation district, municipal water district or a federal,
state, county, or municipal owned institution for congregate care
or correction, or a privately owned water utility serving the foregoing.
A well or pump installation which does not comply with Chapter
NR 812, Subchapter IV, Standards for Existing Installations, § NR
812.42, of the Wisconsin Administrative Code and which has not been
granted a variance pursuant to § NR 812.43 of the Wisconsin
Administrative Code.
The pump and related equipment used for withdrawing water
from a well, including the discharge piping, the underground connections,
pitless adapters, pressure tanks, pits, sampling faucets and well
seals or caps.
One which produces water which is bacteriologically contaminated
or contaminated with substances which exceed the drinking water standards
of Ch. NR 140 or NR 809, Wis. Adm. Code, or for which a health advisory
has been issued by the Department of Natural Resources.
One which is not used or does not have a functional pumping
system.
A drill hole or other excavation or opening deeper than it
is wide that extends more than 10 feet below the ground surface constructed
for the purpose of obtaining groundwater.
The proper filling and sealing of a well according to the
provisions of § NR 812.26, Wis. Adm. Code.
All wells on premises served by the municipal water system shall be properly abandoned in accordance with § 467-15 of this article not later than 90 days from the date of connection to the municipal water system, unless a valid well operation permit has been issued to the well owner by the City of New Lisbon under the terms of § 467-14 of this article.
A.
Owners of wells on premises served by the municipal water system
wishing to retain their wells for any use shall make application for
a well operation permit for each well no later than six months after
connection to the municipal water system. The City of New Lisbon shall
grant a permit to a well owner to operate a well for a period not
to exceed five years providing all conditions of this section are
met. A well operation permit may be renewed by submitting an application
verifying that the conditions of this section are met. The City of
New Lisbon or its agent may conduct inspections and water quality
tests or require inspections and water quality tests to be conducted
at the applicant's expense to obtain or verify information necessary
for consideration of a permit application or renewal. Permit applications
and renewals shall be made on forms provided by the Clerk-Treasurer.
All initial and renewal applications must be accompanied by a fee
covering the extra meter charge and installation.[1]
B.
The following conditions must be met for issuance or renewal of a
well operation permit:
(1)
The well and pump installation shall meet the standards for existing
installations described in § NR 812.42, Wis. Adm. Code.
The well and pump system shall be evaluated by a licensed well driller
or pump installer and certified on the Wisconsin Well and Pressure
System Inspection Form 3300-221 to comply with Chapter NR 812, Subchapter
IV, of the Wisconsin Administrative Code prior to issuing the initial
permit and no less than every 10 years afterwards.
(2)
The well and pump shall have a history of producing safe water evidenced
by at least one coliform bacteria sample. In areas where the Department
of Natural Resources has determined that groundwater aquifers are
contaminated with substances other than bacteria, additional chemical
tests may be required to document the safety of the water.
(3)
There shall be no cross-connections between the well's pump installation
or distribution piping and the municipal water system.
(4)
The water from the private well shall not discharge into a drain
leading directly to a public sewer utility unless properly metered
and authorized by the sewer utility.
(5)
The private well shall have a functional pumping system.
(6)
The proposed use of the private well shall be justified as reasonable
in addition to water provided by the municipal water system.
A.
All wells abandoned under the jurisdiction of this article shall
be abandoned according to the procedures and methods of § NR
812.26, Wis. Adm. Code. All debris, pumps, piping, unsealed liners
and any other obstructions which may interfere with sealing operations
shall be removed prior to abandonment.[1]
B.
The owner of the well, or the owner's agent, shall notify the Clerk-Treasurer
at least 48 hours in advance of any well abandonment activities. The
abandonment of the well may be observed or verified by personnel of
the municipal system.[2]
C.
An abandonment report form, supplied by the Department of Natural
Resources, shall be submitted to the Clerk-Treasurer and the Department
of Natural Resources within 30 days of the completion of the well
abandonment. The form must be completed by the licensed well driller,
pump installer, or certified operator performing the abandonment.
Any well owner violating any provision of this article shall,
upon conviction, be punished by forfeiture of not less than $40 nor
more than $150 and the cost of prosecution. Each day of violation
is a separate offense. If any person fails to comply with this article
for more than 30 days after receiving written notice of the violation,
the municipality may impose a penalty and cause the well abandonment
to be performed and the expense to be assessed as a special tax against
the property.