[Adopted as § 12.23 of the 1961 Code]
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 Village of Fox Point 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 above.
As used in this article, the following terms shall have the
meanings indicated:
A community water system owned by the Village of Fox Point.
A well or pump installation which does not comply with § NR
812.42, Wisconsin Administrative Code, Standards for Existing Installations,
and which has not been granted a variance pursuant to § NR
812.43, 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 exceeds the drinking water standards
of Chapter NR 140 or 809, Wisconsin Administrative 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 drillhole 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, Wisconsin Administrative Code.
When required, all wells on premises served by the municipal water system shall be properly abandoned in accordance with § 325-19 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 Village of Fox Point under the terms of § 325-18 of this article.
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 90 days after connection to the municipal water system. The Village of Fox Point 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 Village 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 as provided in Chapter 63, Fees. The following conditions must be met for issuance or renewal of a well operation permit:
A.
The well and pump installation shall meet the Standards for Existing
Installations described in § NR 812.42, Wisconsin Administrative
Code.
B.
The well and pump shall have a history of producing safe water evidenced
by at least two coliform bacteria samples taken a minimum of two weeks
apart. 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.
C.
There shall be no cross-connections between the well's pump installation
or distribution piping and the municipal water system.
D.
The water from the private well shall not discharge into a drain
leading directly to a public sewer unless properly metered and authorized
by the Director of Public Works/Village Engineer.
E.
The private well shall have a functional pumping system.
F.
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, Wisconsin Administrative 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.
An abandonment report form, supplied by the Department of Natural
Resources, shall be submitted by the well owner to the Clerk/Treasurer
and the Department of Natural Resources within 30 days of the completion
of the well abandonment.
In addition to all other penalties as provided by § 1-4 of the Village Code, any well owner violating any provision of this article shall, upon conviction, be punished by forfeiture of not less than $100 nor more than $400 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.
