[Adopted 10-5-2009 by Ord. No. 8-2009; amended in its entirety 5-7-2012 by Ord. No.
4-2012]
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 Trempealeau 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 purpose stated in §
476-1 above. Village residents operating private wells in the Lakes District, a floodplain zone, are specifically exempted from this article. Trempealeau County shall regulate floodplain well permitting in the Lakes District.
As used in this article, the following terms shall have the
meanings indicated:
MUNICIPAL WATER SYSTEMS
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, Wisconsin Administrative Code, Standards for Existing Installations,
and which has not been granted a variance pursuant to § NR
812.43, Wisconsin Administrative 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.
UNSAFE
Well or pump installation means one which produces water
which is bacteriologically contaminated or contaminated with substances
which exceed the drinking water standards of Chs. NR 140 or 809, Wisconsin
Administrative Code, or for which a health advisory has been issued
by the Department of Natural Resources.
UNUSED
Regarding a well
or pump installation, means one which is not used for does not have
a functional pumping system.
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.
WELL ABANDONMENT
The proper filling and sealing of a well according to the
provisions of § NR 812.26, Wisconsin Administrative Code.
All wells on premises served by the municipal water system shall be properly abandoned in accordance with §
476-6 of this article by November 1, 1988, unless a valid well operation permit has been issued to the well owner by the Village Clerk-Treasurer under terms of §
476-5 of this article.
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.
[Adopted 5-7-2012 by Ord. No. 3-2012]
As used in this article, the following terms shall have the
meanings indicated:
CROSS-CONNECTION
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.
No person, firm, or corporation may establish or maintain, or
permit to be established or maintained, any unprotected cross-connection.
Cross-connections shall be protected as required in Ch. SPS 382, Wisconsin
Administrative Code.
The water utility may inspect, or arrange for an inspection of, property served by the public water system for cross-connections. The frequency of inspections shall be established by the water utility in accordance with 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 §
476-13 of this article.
Upon presentation of credentials, a representative of the water
utility shall have the right to request entry, at any reasonable time,
to a property served by a connection to the public water system for
the purpose of inspecting the property for cross-connections. Refusing
entry to such utility representative shall be sufficient cause for
the water utility to discontinue water service to the property, as
provided under § 476-59 of this article. If entry is refused,
a special inspection warrant under § 66.0119 of the Wisconsin
Statutes may be obtained.
The water utility may request an owner, lessee, or occupant of property served by a connection to the public water system to furnish the water utility with pertinent information regarding the piping systems on the property. Refusing to provide requested information shall be sufficient cause for the water utility to discontinue water service to the property, as provided under §
476-13 of this article.
The water utility may discontinue water service to any property wherein any unprotected connection in violation of this article exists, and take other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service may be discontinued, however, only after reasonable notice and opportunity for hearing under Chapter 68, Wisconsin Statutes, except as provided in §
476-14 of this article. Water service to such property shall not be restored until the unprotected cross-connection has been eliminated.
If it is determined by the water utility that an unprotected
cross-connection or emergency endangers public health, safety, or
welfare, and requires immediate action, and if a written finding to
that effect is filed with the Village Clerk-Treasurer and delivered
to the customer's premises, water service may be immediately discontinued.
The customer shall have an opportunity for hearing under Chapter 68,
Wisconsin Statutes, within 10 days of such emergency discontinuance.
Water service to such property shall not be restored until the unprotected
cross-connection has been eliminated.