[Amended 2-2-2015 by Ord.
No. 244-2015]
(1) Purpose. The purpose of this section is to:
(a) Provide a program for protecting the public water system from contamination
due to backflow of contaminants through the water service connection
into the public water system;
(b) Comply with Chapters NR 810 and SPS 382, Wisconsin Administrative
Code; and
(c) Comply with the Wisconsin Department of Natural Resources requirement
for the development and implementation of a comprehensive cross-connection
control program.
(2) Defined. A cross-connection shall be defined as any physical connection
or arrangement between two otherwise separate systems, one of which
contains potable water from the Village's public water system
and the other of which contains water from a private source, water
of unknown or questionable safety, or steam, gases, or chemicals,
whereby there may be a flow from one system to the other, with the
direction of flow depending on the pressure differential between the
two systems.
(3) Cross-connection and interconnection restricted. No person shall
establish or maintain any cross-connection. No interconnection shall
be established whereby potable water from a private, auxiliary or
emergency water supply other than the regular public water supply
of the Village may enter the supply or distribution system of the
Village unless such private, auxiliary or emergency water supply and
the method of connection and use of such supply shall have been approved
by the Utility Manager and by the Wisconsin Department of Natural
Resources in accordance with Wisconsin Administrative Code Section
NR 810.15(2).
(4) Inspection. The Utility Manager may inspect or arrange for an inspection
of property served by the public water system for cross-connections.
As an alternative, the Water Utility may require a person, firm, or
corporation who owns, leases, or occupies property to have his/her
plumbing inspected at his/her own expense by a State of Wisconsin
certified cross-connection inspector/surveyor or licensed State of
Wisconsin plumber. The frequency of inspections shall be established
by the Water Utility in accordance with the Wisconsin Administrative
Code. Any unprotected cross-connections identified by the inspection
shall be promptly corrected. Failure to promptly correct an unprotected
cross-connection shall be sufficient cause for the Water Utility to
discontinue water service to the property, as provided under Sec.
13.12(6).
(5) Right of entry. Upon presentation of credentials, the representative
of the Utility shall have the right to request entry at any reasonable
time to examine any property served by a connection to the public
water system of the Village for the purpose of inspecting the property
for cross-connections. If entry is refused, such representative shall
have sufficient cause for the Utility to discontinue water service
to the property, as provided under Sec. 13.12(6). If entry is refused,
a special inspection warrant under Wisconsin State Statute § 66.0119
may be obtained. On request, the owner, lessee, or occupant of any
property shall furnish to the inspection agency any pertinent information
regarding the piping system or systems on such property.
(6) Enforcement. The Utility is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this section exists, and to take such other precautionary measures necessary to eliminate danger of contamination of the public water system. Water service shall be discontinued only after reasonable notice and opportunity for hearing under chapter
6 of this Code, except as provided in Sec. 13.12(7) below. Water service to such property shall not be restored until the cross-connection has been eliminated in compliance with the provisions of this section.
(7) Emergency discontinuance. If it is determined by the Utility Manager that a cross-connection or an emergency endangers public health, safety or welfare and requires immediate action, and a written finding to that effect is filed with the Clerk-Treasurer and delivered to the customer's premises, service may be immediately discontinued. The customer shall have an opportunity for a hearing under chapter
6 of this Code within 10 days of such emergency discontinuance.
(8) State code adopted. The Wisconsin State Plumbing Code, Department
of Safety and Professional Services (SPS) 382, is hereby adopted by
reference.
[Amended 4-7-2015 by Ord.
No. 245-2015]
(1) Purpose. The purpose of this section is to prevent abandoned, unused,
unsafe and noncompliant wells from serving as a passage for contaminated
surface or near-surface waters or other materials to reach the usable
groundwater; to comply with § NR 810.16, Wisconsin Administrative
Code; and to require all such abandoned, unused, unsafe and noncompliant
wells to be properly filled and sealed.
(2) Coverage. All private wells located on any premises which is served
by the municipal water system of the Village shall be properly filled
by December 31, 1990. Only those wells for which a well operation
permit pursuant to Dresser Municipal Code Sec. 13.131 has been granted
by the Clerk-Treasurer may be exempted from this requirement, subject
to conditions of proper maintenance and operation.
(3) Definitions. As used in this section, the following terms shall have
the meanings indicated:
(a) MUNICIPAL WATER SYSTEM — The public, community-owned water
system of the Village of Dresser, Wisconsin.
(b) NONCOMPLYING or NONCOMPLIANT — A well or pump installation
which does not comply with § NR 812.42, Wisconsin Administrative
Code, Standards for Existing Installations: Criteria for evaluation,
and which has not been granted a variance pursuant to § NR
812.43, Wisconsin Administrative Code.
(c) 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.
(d) SERVED BY — Any property having a water supply pipe extending
onto it which is connected to the municipal water system.
(e) UNSAFE — As to any well or pump installation system, one which
produces water which is bacteriologically contaminated or contaminated
with other substances exceeding the drinking water standards of Ch.
NR 140 or Ch. 809, Wisconsin Administrative Code, or for which a health
advisory has been issued by the Wisconsin Department of Natural Resources.
(f) UNUSED — A well which does not have a functional pumping system
or other complying means of withdrawing water.
(g) WELL — 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.
(h) WELL ABANDONMENT — The proper filling and sealing or decommissioning
of a well according to the provisions of § NR 812.26, Wisconsin
Administrative Code.
(4) Method of abandonment. Wells to be abandoned shall be filled and
sealed according to the procedures outlined in § NR 812.26,
Wisconsin Administrative Code. The pump and piping must be removed
and the well checked for obstructions prior to the plugging. Any obstruction
or well liner must be removed. All costs of required work and materials
shall be paid for by the property owner.
(5) Reports and inspection. A well abandonment report must be submitted
by the well owner to the Clerk-Treasurer and the Department of Natural
Resources on forms provided by that agency which are available at
the office of the Clerk-Treasurer. The report shall be submitted within
10 days upon completion of the filling and sealing of the well. The
well filling and sealing must be observed by an authorized representative
of the Public Works Committee.
(6) Penalty. Any person or well owner violating any provision of this
section shall, upon conviction, be punished by a forfeiture of not
less than $20 nor more than $200, together with the costs of prosecution.
Each twenty-four-hour period during which a violation exists shall
be deemed and constitute a separate offense. If any person fails to
comply with this section for more than 30 days after receiving written
notice of the violation, the Village of Dresser may impose a penalty
and cause the well abandonment to be performed and the expense to
be assessed as a special charge against the property.
[Added 1-6-2014 by Ord.
No. 241-2014; amended 4-7-2015 by Ord. No. 246-2015]
(1) A property owner seeking to install a well on premises served by
the municipal Water Utility under Sec. 13.13, or a property owner
seeking to install a well on premises not served by the municipal
Water Utility, shall make application for a private well operation
permit.
(2) A well operation permit shall be issued to the applicant for the
premises identified on the application for a period up to five years
on condition of strict compliance at all times throughout the term
of the permit with all the conditions of this section. The application
fee shall be $25 payable upon submission. The application fee is nonrefundable.
The permit fee shall be $250 payable upon issuance. Such permit may
be renewed for successive periods of up to five years on condition
of continuing strict compliance at all times throughout the term of
the permit renewal term with all the conditions of this section. Initial
and renewal applications shall be made on forms provided by the Village
Clerk.
(3) The Village may conduct inspections and water quality tests or require
the same to be conducted by the owner at the owner's expense
to obtain or verify information necessary for consideration of initial
or renewal permit applications, or to monitor continuing compliance
with all the requirements of this section or any applicable provision
of the Plumbing Code, the Wisconsin Administrative Code, or any other
health or safety condition placed on the well by the permit as granted
and issued.
(4) The following conditions shall apply at all times:
(a)
Any well not in compliance may be ordered to be abandoned due to such noncompliance by the Village Board pursuant to Ch.
13, sec. 13.13, as amended.
(b)
At any time that the property becomes served by the municipal Water Utility, the well shall be ordered to be abandoned by the Village Board pursuant to the provisions of Ch.
13, sec. 13.13, as amended.
(c)
The well and pump installation shall comply with the Standards
for Existing Installations described in § NR 812.42, Wisconsin
Administrative Code. Compliance shall be verified by inspection for
initial issuance of a permit and every time application is made for
renewal of the private well operation permit. Inspections shall be
conducted by a Wisconsin licensed well driller or pump installer and
documented on Inspection Report Form DNR No. 3300-22, to be submitted
to the Village Clerk.
(d)
The well and pump shall have a history of producing safe water,
evidenced by a certified lab report for at least one coliform bacteria
sample collected within the prior 30 days and submitted to the Village
Clerk. 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.
(e)
There shall be no cross-connections or interconnections between
the well's pump installation or distribution piping and the municipal
water system unless approved in advance by the Utility and the DNR.
(f)
The water from the private well shall not discharge into a drain
leading directly or indirectly to a public Sewer Utility unless properly
metered and authorized in advance by the Sewer Utility.
(g)
The private well shall have a completely functional pumping
system operating properly for withdrawing water at all times.
(h)
The applicant shall have the burden to prove to the Public Works
Committee and the Village Board, as the case may be, by clear and
convincing evidence, that the proposed use of the private well is
objectively reasonable and necessary under all the circumstances prevailing
at the time of application.
(5) Penalty. Any well owner violating any provision of this section shall,
upon conviction, be punished by forfeiture of not less than $100 nor
more than $500 and the costs of prosecution. Each day of violation
is a separate offense. If any person fails to comply with this section
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 special charge against
the property.
Any person who shall violate any provision of the rules and
regulations of the Utility adopted pursuant to this subchapter shall
be subject to the penalty as provided in sec. 25.04 of this Code.