To protect public health, safety and welfare and to prevent
contamination of water supplies 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 properly filled
and sealed.
This article applies to all wells located on premises served
by the Village of Clayton municipal water system. Communities outside
the jurisdiction of a supplying municipal system are also required
by code, contract agreement or utility rule to adopt and enforce equivalent
ordinances within their jurisdictions for purpose stated in §
502-10
above.
As used in this article, the following terms shall have the
meanings indicated:
COMMUNITIES SERVED
Any jurisdiction having customers supplied by a municipal
water system as retail or wholesale customers, including those outside
the jurisdiction of the supplying system.
MUNICIPAL WATER SYSTEM
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.
NONCOMPLYING
A well or pump installation which does not comply with § NR
812.42, Wis. Adm. Code, Standards for Existing Installations, and
which has not been granted a variance pursuant to § NR 812.43,
Wis. Adm. Code.
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.
SERVED BY
Any property having a water supply pipe extending onto it
which is connected to the municipal water system.
UNSAFE WELL OR PUMP INSTALLATION
One which produces water which is bacteriologically contaminated
or contaminated with other substances exceeding the drinking water
standards of Chs. NR 140 or 809, Wis. Adm. Code, or for which a health
advisory has been issued by the Department of Natural Resources.
UNUSED WELL
One which does not have a functional pumping system or other
complying means of withdrawing water.
WELL
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.
WELL ABANDONMENT
The proper filling and sealing or decommissioning 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 filled and sealed in accordance with §
502-15
of this article not later than one year from the date of connection
to the municipal water system, or discovery or construction of a well,
unless a valid well operation permit has been issued to the well owner
by Village of Clayton under terms of §
502-14 of this article.
Owners of wells on premises served by the municipal water system
shall make application for a well operation permit for each well no
later than six months after connection to the municipal water system
or date of discovery or construction of a well. The Village of Clayton
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
of Clayton 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
of $50. The following conditions must be met for issuance or renewal
of a well operation permit:
A. The well and pump installation shall comply with the Standards for
Existing Installations described in § NR 812.42, Wis. Adm.
Code, or repaired to comply with current standards. Compliance shall
be verified by inspection for initial issuance of a permit and every
five years thereafter. Inspections shall be conducted by a Wisconsin
licensed well driller or pump installer and documented on inspection
report form DNR #3300-221, to be submitted to the Clerk-Treasurer.
B. The well and pump shall have a history of producing safe water evidenced
by a certified lab report for at least two coliform bacteria samples
collected a minimum of 14 days apart within the prior thirty-day period,
and submitted to the Clerk-Treasurer. In areas where the Department
of Natural Resources (DNR) 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 or interconnection between the
well's pump installation or distribution piping and the municipal
water system unless approved by the utility and DNR.
D. 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.
E. The private well shall have a functional pumping system or other
complying means of withdrawing water.
F. The proposed use of the private well shall be justified as reasonable
in addition to water provided by the municipal water system.
Any well owner violating any provision of this article shall
be subject to the penalty provided in Chapter
1, General Provisions,
§
1-4, of this Code. 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.