[Adopted 12-14-1998 as § 9-4-3 of the 1998 Code]
The purpose of this article 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 contamination, or wells which may be illegally cross-connected to the municipal water system, are properly abandoned. These wells must be properly filled and sealed. This article specifically prohibits the drilling of private wells within the Village of Brandon when public water service is available, as determined by the Village Board.
This article applies to all wells located on premises served by the Brandon municipal water system.
The following definitions shall be applicable in this article:
- MUNICIPAL WATER SYSTEM
- A system for the provision to the public of piped water for human consumption when such system has at least 15 service connections or regularly serves at least 25 year-round residents owned or operated by a city, village, county, town, town sanitary district, utility district or public institution, or a privately owned water utility serving any of the above.
- A well or pump installation which does not comply with the provisions of Ch. NR 812, Wis. Adm. Code, in effect at the time the well was constructed, a contamination source was installed, the pump was installed or work was done on either the well or pump installation.
- 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.
- A well or pump installation which produces water which is bacteriologically contaminated or contaminated with substances in exceedance of the standards of Ch. NR 809 or 140, Wis. Adm. Code, or for which a health advisory has been issued by the Wisconsin Department of Natural Resources.
- A well or pump installation which is not in use or does not have a functional pumping system.
- An excavation or opening into the ground made by digging, boring, drilling, driving, or other methods for the purpose of obtaining groundwater for consumption or other use.
- WELL ABANDONMENT
- The filling and sealing of a well according to the provisions of Ch. NR 812, Wis. Adm. Code.
All private wells located on premises served by the Brandon municipal water system shall be abandoned in accordance with the terms of this article and Ch. NR 812, Wis. Adm. Code, by June 1, 1997, or no later than one year from the date of connection to the municipal water system, whichever occurs last, unless a well operation permit has been obtained by the well owner from the Village Board.
The Village Board may grant a permit to a private well owner to operate a well for a period not to exceed three years providing the conditions of this article are met. An owner may request renewal of a well operation permit by submitting information verifying that the conditions of this article are met. The Village Board, or its agent, 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 application or renewal. Permit applications and renewals shall be made on forms provided by the Village Clerk. The following conditions must be met for issuance or renewal of a well operation permit:
The well and pump installation meet or are upgraded to meet the requirements of Ch. NR 812, Wis. Adm. Code;
The well construction and pump installation have a history of producing bacteriologically safe water as evidenced by at least three samplings taking a minimum of two weeks apart. No exception to this condition may be made for unsafe wells, unless the Department of Natural Resources approves, in writing, the continued use of the well;
There are no cross-connections between the well and pump installation and the municipal water system; and
The proposed use of the well and pump installation can be justified as being necessary in addition to water provided by the municipal water system.
All wells abandoned under the jurisdiction of this article or rule shall be abandoned according to the procedures and methods of Ch. NR 812, Wis. Adm. Code. All debris, pumps, piping, unsealed liners and any other obstructions which may interfere with sealing operations shall be removed prior to abandonment.
The owner of the well, or the owner's agent, shall notify the Village Clerk at least 48 hours prior to commencement of any well abandonment activities. The abandonment of the well shall be observed by representatives of the Municipal Sewer and Water Utility.
An abandonment report form, supplied by the Department of Natural Resources, shall be submitted by the well owner to the Village Clerk and the Department of Natural Resources within 10 days of the completion of the well abandonment.
Any well owner violating any provision of this article shall upon conviction be punished by payment of a forfeiture not less than $100 nor more than $2,000 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 10 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.