[HISTORY: Adopted by the Village Board of the Village of Black Earth
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-3-1990 by Ord. No. 90-O-12
(§ 9.09 of the 1990 Code)]
The purpose of this article is to prevent contamination of groundwater
and to protect public health, safety and welfare by assuring that unused,
unsafe or noncomplying wells, wells which may serve as conduits for contamination
and wells which may be illegally cross-connected to the municipal water system
are property abandoned.
This article applies to all wells located on premises served by the
Village of Black Earth municipal water system.
As used in this article, the following terms shall have the meanings
indicated:
A system for the provision to the public of piped water for human
consumption, when such a system has at least 15 service connections or regularly
serves at least 25 year-round residents, owned or operated by a city, village,
county, town, town sanitary district, utility district or public institution
or a privately owned water utility serving any of the above.[1]
A well or pump installation which does not comply with the provisions
of Ch. NR 112, Wis. Adm. Code, in effect at the time the well was constructed,
a contamination source was installed, the pump was installed or work was done
on either the well or pump installation.
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.
A well or pump installation which produces water which is bacteriologically
contaminated or contaminated with substances in excess of the standards of
Ch. NR 109 or NR 140, Wis. Adm. Code, or for which a health advisory has been
issued by the Wisconsin Department of Natural Resources.
A well or pump installation which is not in use or does not have
a functional pumping system.
An excavation or opening into the ground made by digging, boring,
drilling, driving, or other methods for the purpose of obtaining groundwater
for consumption or other use.
The filling and sealing of a well according to the provisions of
Ch. NR 112, Wis. Adm. Code.
All wells located on premises served by the Village water system shall
be abandoned in accordance with the terms of this article and Ch. NR 112,
Wis. Adm. Code, by June 10, 1984, or no later than one year from the date
of connection to the Village water system, whichever occurs last, unless a
well operation permit has been obtained by the well owner from the Village.
The Village may grant a permit to a private well owner to operate a
well for a period not to exceed five years, provided that the conditions of
this section are met. An owner may request renewal of a well operation permit
by submitting information verifying that the conditions of this section are
met. The Village or its agent may conduct inspections or have water quality
tests 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 Village Clerk-Treasurer.
The following conditions must be met for issuance or renewal of a well operation
permit:
A.
The well and pump installation meet or are upgraded to
meet the requirements of Ch. NR 112, Wis. Adm. Code.
B.
The well construction and pump installation must have
a history of producing bacteriologically safe water as evidenced by at least
two samplings taken a minimum of two weeks apart. No exception to this condition
may be made for unsafe wells, unless the Wisconsin Department of Natural Resources
approves, in writing, the continued use of the well.
C.
There are no cross-connections between the well and pump
installation and the Village water system.
D.
The proposed use of the well and pump installation can
be justified as being necessary in addition to water provided by the Village
system.
A.
All wells required to be abandoned under this article
shall be abandoned according to the procedures and methods of Ch. NR 112,
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.
B.
The owner of the well, or the owner's agent, shall
notify the Village Clerk-Treasurer at least 48 hours prior to commencement
of any well abandonment activities. The abandonment of the well shall be observed
by the Director of Public Works.
C.
An abandonment report form, supplied by the Department
of Natural Resources, shall be submitted by the well owner to the Village
Clerk-Treasurer and the Department of Natural Resources within 10 days of
the completion of the well abandonment.
If any person fails to comply with this article for more than 10 days
after receiving written notice of the violation, the Village may cause the
well abandonment to be performed and assess the expense as a special charge
against the property pursuant to § 66.0627, Wis. Stats.
