[HISTORY: Adopted by the Common Council of the City of Lodi as Ch. 27 of the City Code. Amendments noted where applicable.]
Utilities — See Ch. 319.
The purpose of this chapter is to prevent contamination of groundwater and to protect public health, safety, and welfare by assuring that unused, unsafe or noncomplying wells or wells which may serve as conduits for groundwater contamination or wells which may be illegally cross-connected to the municipal system are properly abandoned.
All wells within the corporate limits of the City of Lodi which are in unusable condition, unsafe or do not comply with Ch. NR 812, Wis. Adm. Code, or which may serve as conduits for groundwater contamination shall be abandoned in accordance with this chapter by 180 days (or within one year after connection to the municipal system becomes available) unless a well operation permit has been granted pursuant to § 332-3 of this chapter.
Premises where municipal water service is not available are exempt from this chapter.
Where feasible, noncomplying wells and pump installations may be upgraded to comply with Ch. NR 812, Wis. Adm. Code. A private well may be temporarily abandoned under provisions of Ch. NR 812. A well constructed for potable use may not be considered a nonpotable well to avoid the applicability of this chapter.
If water from a private well is known to produce water which exceeds a Department of Natural Resources (DNR) health advisory, a primary standard in Ch. NR 809, Wis. Adm. Code, or an enforcement standard in Ch. NR 140, Wis. Adm. Code, a well operation permit shall not be issued without approval of the Department of Natural Resources.
An illegal cross-connection exists where a private well is connected to a plumbing system which is also connected to the municipal system. Chapters SPS 381 to 387 and NR 811, Wis. Adm. Code, prohibit such connections.
[Amended 4-2-2013 by Ord. No. A-448]
No person shall operate a private well unless that person has a valid well operation permit for said well issued by the City of Lodi. Said permit must be approved both by the Common Council and the Utility Commission. A permit may be granted to a well owner to operate a private well for a period not to exceed five years. At the end of a permit period, the well owner may apply for a renewal of a permit upon submittal of updated information necessary for a permit application. The City of Lodi 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. Permit applications shall be made on forms provided by the Clerk.
The following requirements must be met before a well operation permit is issued:
The well has a functional pumping system and its use can be justified in addition to water provided by the public water system.
The well has a history of producing bacteriological safe water and presently produces bacteriological safe water as demonstrated by providing a copy of the results of a water sample analyzed at a state-certified laboratory within three months preceding the request for the well operation permit or permit renewal.
The well and pump installation meets the requirements of Ch. NR 812, Wis. Adm. Code, as certified by a Department of Natural Resources licensed well driller or pump installer or by Department of Natural Resources staff evaluation.
No physical connection exists between the piping of the public water system and the private well.
A fee determined by the City Council is paid to the City of Lodi for processing a permit.
Wells shall be abandoned according to the procedures outlined in Ch. NR 812, Wis. Adm. Code. The pump and piping must be removed and the well checked for obstructions prior to abandonment. Any obstruction or liner must be removed, if possible. Filling with unapproved materials or use of unacceptable procedures is prohibited.
An Abandonment Report Form, Department of Natural Resources No. 3300-5, is available at the Clerk's office and must be submitted to the Clerk within 10 days of abandonment completion. Forty-eight-hour advance notice of well abandonment work must be provided to the Clerk so the filling may be observed by a representative of the municipality. The Clerk shall send a copy of Form 3300-5 to the appropriate Department of Natural Resources district office within 10 days of receipt of the completed form.
In the event a well for which a permit has been issued is not used for a period of over one year, the permit shall become void, and, within 60 days following notice from the City of Lodi to the owner of said well, the owner shall abandon the well according to the requirements of § 332-4 of this chapter.
The owner of a well for which a well operation permit has been issued shall annually have the water from the well tested in the manner prescribed by § 332-3 of this chapter and submit the test results to the City of Lodi within 30 days following the anniversary date of said permit. Failure of the owner to submit said test results, or submission of test results showing that the well is no longer producing bacteriological safe water, shall cause the well operation permit to become void. In that event, the owner shall, within 60 days following notice from the City of Lodi to the owner, abandon the well according to the requirements of § 332-4 of this chapter.
[Amended 10-10-2006 by Ord. No. A-361]
Any person, firm or other well owner violating any provision of this chapter shall, upon conviction, be subject to a penalty as provided in Chapter 1, § 1-3, of this Code. If any person fails to comply with this chapter for more than 10 days after notice in writing, the municipality may impose a penalty or may cause the abandonment to be done, and the expense thereof shall be assessed as a special tax against the property.
[Added 5-20-2014 by Ord. No. A-472]
Right of entry. The Lodi Light and Water Utility Operations Manager, Director of Public Works or their designee is the enforcement officer for the Wells Code. Upon presentation of credentials, the Lodi Light and Water Utility Operations Manager or Director of Public Works, or their designee, shall have the right to request entry, at any reasonable time, to all public or private properties for the purpose of inspection, observation, measurement, sampling or testing of wells, meters, pipes, or other components of the well water system, for the enforcement of the Wells Code.
Special inspection warrants. In the event that complaints or reasonable concerns exist as to the compliance by a public or private property owner with the Utility Code, and the owner or custodian of the property declines requests for entry for the purpose of inspection, observation, measurement, sampling or testing of wells, pipes, or other components of the well water system necessary for the enforcement of the Wells Code, the Lodi Light and Water Utility Operations Manager or Director of Public Works, with the assistance of the City Attorney, may obtain a special inspection warrant pursuant to § 66.0119, Wis. Stats., to determine compliance and assist with enforcement of the Utility Code.
Method of enforcement. Upon finding that any of the provisions of this chapter are being violated or upon finding a condition which may lead to a violation, the Lodi Light and Water Utility Operations Manager or the Director of Public Works may notify, in writing, the person responsible for violation, ordering such action as necessary to correct a violation. The Lodi Light and Water Utility Operations Manager or the Director of Public Works may order discontinuance of illegal use and order removal or may order discontinuance of illegal work being done. Further, the Lodi Light and Water Utility Operations Manager or the Director of Public Works may take any other action authorized by this chapter to ensure compliance with or to present violations of this chapter, including but not limited to calling upon the City Attorney to institute legal proceedings and calling upon the Chief of Police for assistance.