The current rate order and regulations prescribed by the Wisconsin Public Service Commission for the Colby Water Utility is hereby adopted and incorporated herein by reference.
[HISTORY: Adopted by the Common Council of the City of Colby 10-5-1995 as Title 9, Ch. 1, of the 1995 Code. Amendments noted where applicable.]
A.
Purpose. The purpose of this section 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.
B.
Applicability. This section applies to all wells located on premises served by the City of Colby municipal water system.
C. MUNICIPAL WATER SYSTEM(S) NONCOMPLYING PUMP INSTALLATION UNSAFE WELL OR PUMP INSTALLATION UNUSED WELL OR PUMP INSTALLATION WELL WELL ABANDONMENT
Definitions. As used in this section, the following terms shall have the meanings indicated:
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.
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.
One which is not used or does not have a functional pumping system.
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.
The proper filling and sealing of a well according to the provisions of § NR 812.26, Wis. Adm. Code.
D.
Abandonment required. All wells on premises served by the municipal water system shall be properly abandoned in accordance with Subsection F below by one year from the date of connection to the municipal water system, unless a valid well operation permit has been issued to the well owner by the City of Colby under the terms of Subsection E below.
E.
Well operation permit.
(1)
Permit requirements. Owners of wells on premises served by the municipal water system wishing to retain their wells for any use shall make application for a well operation permit for each well no later than one year after connection to the municipal water system. The City of Colby shall grant a permit to a well owner to operate a well for a period not to exceed five years, provided 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 City or its agent may conduct 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. There will be a fee for new well applications and renewal applications for existing wells will be accompanied by a fee; fees will be set by the Common Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
Issuance and renewal conditions. The following conditions shall be met for issuance or renewal of a well operation permit:
(a)
The well and pump installation shall meet the "standards for existing installations" described in § NR 812.42, Wis. Adm. Code. The well and pump system shall be evaluated by a licensed well driller or pump installer and certified on the Wisconsin Well and Pressure System Inspection Form 3300-221 to comply with Ch. NR 812, Subch. IV, Wis. Adm. Code, prior to issuing the initial permit and no less than every 10 years afterwards.
(b)
The well and pump shall have a history of producing safe water as evidenced by the most recent coliform bacteria sample. In areas where the Wisconsin Department of Natural Resources 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 between the well's pump installation or distribution piping and the municipal water system.
(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.
(f)
The proposed use of the private well shall be justified as reasonable in addition to water provided by the municipal water system.
(g)
The permitted well shall be metered.
(3)
Exception to required well operation permit.
(b)
If an exempt well under Subsection E(3)(a) above is abandoned or produces no water for the owner's use, the property owner shall be required to connect to said municipal water main if the owner's property line is within 100 feet of said municipal water main. In the event that the owner's property line is not situated within 100 feet of the municipal water main, then the property owner may drill a new well which complies with all existing Wisconsin Department of Natural Resources regulations.
F.
Abandonment procedures.
(1)
Removal of noncomplying equipment. All wells abandoned under the jurisdiction of this section shall be done according to the procedures and methods of § NR 812.26, 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.
(2)
Abandonment notice; inspections. The owner of the well, or the owner's agent, shall be required to obtain a well abandonment permit prior to any well abandonment and shall notify the Clerk-Treasurer at least 48 hours in advance of any well abandonment activities. The abandonment of the well may be observed or verified by personnel of the municipal water system.
(3)
Reporting. An abandonment report form, supplied by the Wisconsin Department of Natural Resources, shall be submitted by the well owner to the Clerk-Treasurer and the Wisconsin Department of Natural Resources within 30 days of the completion of the well abandonment.
G.
Penalties. Any well owner violating any provision of this section shall, upon conviction, be punished by a forfeiture of not less than $100 nor more than $500 and the cost 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 City 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.
A.
Purpose. The Common Council, in consultation with the Director of Public Works, has determined that it would be in the public interest to establish a cutoff date for the installation of sewer and water to private homes, commercial enterprises or any other user within the City of Colby for the reason that inclement weather has a deleterious effect on the construction process.
B.
Fall cutoff. No application for connection to the City water or sewer system shall be approved after the 31st day of October. All construction started prior to October 31 shall be permitted to be completed, but no new construction shall commence after October 31.
C.
Spring connection. There shall be no fixed date for the approval of applications for connection hookup of sewer and water in the spring season, but applications shall be granted or approved upon the sole recommendation of the Director of Public Works, but in no case before the frost is out of the ground.
D.
Penalty. This section does not provide for a penalty since the physical hookup of the individual users to the sewer and water system is under the direct control of the Director of Public Works and he shall have unilateral control over such connections.
A.
Purpose. The purpose of this section is to establish for the City of Colby a sewer connection charge under which the City of Colby will extend sewer service for new customers in presently platted areas only.
B. CUSTOMER
Definitions. As used in this section, the following terms shall have the meanings indicated:
The owner of the premises to which sewer service is to be furnished.
C.
Connection charges and installation.
(1)
Only employees of the City of Colby shall be permitted to make connections to the sewage system of the City of Colby. The City will bring the main to the property line of the property owner or customer desiring service and the customer shall be responsible for the full cost of such service. The customer will be furnished with an itemized statement indicating material and labor cost upon completion of the project.
(2)
If additional customers are connected to a sewer main that was originally financed in part by a single customer or multiple customers, the City will require a contribution from each new customer equal to the existing average contribution. This amount then shall be refunded pro rata to all contributors along the extension whose remaining contribution shall exceed the amount originally assessed. If an extension beyond an existing extension is required to serve a new customer and the cost per customer exceeds the average remaining contribution in the original extension, then the new extension will be considered an entirely new project, without refunds, or other connection with the original extension.
D.
Limitation on period of refunds. The development period in which refunds shall be made will be limited to 20 years.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The charge for connection to the City sewer system shall be as set by the Common Council.
A. CROSS-CONNECTION
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the City of Colby'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.
B.
Unprotected cross-connections prohibited. 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, Wis. Adm. Code.
C.
Inspection.
(1)
The Water Utility 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 or which owns, leases or occupies property to have their plumbing inspected, at their own expense, by a State of Wisconsin certified cross-connection inspector/surveyor.
(2)
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 Subsection F.
D.
Right of entry. 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 Subsection F. If entry is refused, a special inspection warrant under § 66.0119, Wis. Stats., may be obtained.
E.
Provision of requested information. 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 Subsection F.
F.
Discontinuation of water for violation. The Water Utility may discontinue water service to any property wherein any unprotected connection in violation of this section 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 Ch. 68, Wis. Stats., except as provided in Subsection G below. Water service to such property shall not be restored until the unprotected cross-connection has been eliminated.
G.
Emergency discontinuance. 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 City Clerk-Treasurer and delivered to the customer's premises, water service may be immediately discontinued. The customer shall have an opportunity for hearing under Ch. 68, Wis. Stats., within 10 days of such emergency discontinuance. Water service to such property shall not be restored until the unprotected cross-connection has been eliminated.
A.
Title. This section shall be known, cited and referred to as the "Wellhead Protection Ordinance" (hereinafter referred to as the "WHP Ordinance" or this "section").
B.
Purpose, authority and application.
(1)
Purpose. Residents in the City of Colby depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this WHP Ordinance is to institute land use regulations and restrictions to protect the City's municipal water supply and well fields, and to promote the health, safety and general welfare of the residents of the City of Colby.
(2)
Statutory authority. Statutory authority for the City to enact these regulations was established by the Wisconsin Legislature in § 62.23(7)(am) and (c), Wis. Stats. Under these statutes, the City has the authority to enact this section, effective in the incorporated areas of the City, to encourage the protection of groundwater resources.
(3)
Applicability. The regulations specified in this WHP Ordinance shall apply within the City's corporate limits.
C. AQUIFER EXISTING FACILITIES GROUNDWATER PROTECTION OVERLAY DISTRICT RECHARGE AREA WELL FIELD
Definitions. As used in this section, the following terms shall have the meanings indicated:
A saturated, permeable, geologic formation that contains, and will yield, significant quantities of water.
Current facilities, practices and activities which may cause or threaten to cause environmental pollution within that portion of the City's wellhead protection area that lies within the corporate limits of the City. Existing facilities include, but are not limited to, the type listed in the Wisconsin Department of Natural Resources' Form 3300-215, Public Water Supply Potential Contaminant Use Inventory Form, which is incorporated herein as if fully set forth.
That portion of the recharge area for the City wells that lie within the City limits as shown in the map referred to as "Exhibit A" and incorporated herein as if fully set forth.[1]
The land area which contributes water to a well by infiltration of water into the subsurface and movement with groundwater toward the well. This area extends beyond the corporate limits of the City of Colby.
A piece of land used primarily for the purpose of supplying a location for construction of wells to supply a municipal water system.
[1]
Editor's Note: Exhibit A is on file in the City offices.
D.
Groundwater Protection Overlay District.
(1)
Separation distances. The following minimum separation distances shall be maintained within the Groundwater Protection Overlay District:
(a)
Fifty feet between a well and storm sewer main.
(b)
Two hundred feet between a well and any sanitary sewer main, lift station or single-family residential fuel oil tank. A lesser separation distance may be allowed for sanitary sewer mains where the sanitary sewer main is constructed of water main materials and joints and pressure-tested in place to meet current American Waterworks Association (AWWA) 600 Specifications. In no case may the separation distance between a well and sanitary sewer main be less than 50 feet. [Note: Current AWWA 600 Specifications are available for inspection at the office of the Wisconsin Department of Natural Resources, the Secretary of State's office and the office of the Revisor of Statutes.]
(c)
Four hundred feet between a well and a septic tank receiving less than 8,000 gallons per day, a cemetery or a stormwater drainage pond.
(d)
Six hundred feet between any gasoline or fuel storage oil tank installation that has received written approval from the Wisconsin Department of Agriculture, Trade and Consumer Protection or its designated agent under Ch. ATCP 93, Wis. Adm. Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(e)
One thousand feet between a well and land application of municipal, commercial or industrial waste; industrial, commercial or municipal wastewater lagoons or storage structures; manure stacks or storage structures; and septic tanks or soil absorption units receiving 8,000 gallons per day or more.
(f)
Twelve hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood-burning, one-time disposal or small demolition facility; sanitary landfill; coal storage area; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from the Department of Agriculture, Trade and Consumer Protection or its designated agent under Ch. ATCP 93, Wis. Adm. Code; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
Overlay District Zones. The District is hereby divided into Zones A, B and C:
(a)
Zone A.
[1]
Identified as the primary source of water for the municipal well aquifer and as the area most likely to transmit groundwater contamination to the municipal wells. Zone A is more restrictive than Zone B or C.
[2]
Permitted uses. The following uses are permitted uses within groundwater protection Zone A; uses not listed shall be considered prohibited uses:
[a]
Parks, provided there are no on-site waste disposal or fuel storage tank facilities associated with this use.
[b]
Playgrounds.
[c]
Wildlife areas.
[d]
Nonmotorized trails, such as bike, skiing, nature and fitness trails.
[e]
Residential, commercial and industrial property which is municipally sewered and free of flammable and combustible liquid and underground storage tanks (USTs).
(b)
Zone B.
[1]
Identified as a secondary source of water for the municipal wells because of the large cone of depression and a greater time of travel. Zone B is less restrictive than Zone A, but more restrictive than Zone C.
[2]
Permitted uses. The following uses are permitted uses within groundwater protection Zone B; uses not listed shall be considered prohibited uses:
[a]
All uses listed as permitted uses in Zone A.
[b]
Modified agricultural activities, including any crop free of pesticides and/or synthetic fertilizers.
[c]
Above-ground petroleum product storage tanks less than 660 gallons. All new or replaced tanks shall be installed in compliance with Ch. ATCP 93, Wis. Adm. Code.
[d]
Residential, commercial and industrial property which is municipally sewered or has a state-approved sewer and septic system.
(c)
Zone C.
[1]
Identified as the Groundwater Protection Overlay District, excluding those areas within Zone A and Zone B.
[2]
Permitted uses. All uses listed as permitted in Zone A and Zone B. Individuals and/or facilities may make a request to the Water/Sewer Committee to permit additional land uses in Zone C.
(d)
Mapping. The location and boundaries of the zoning districts established by this section are set forth on the most recent City of Colby Wellhead Protection Map.
E.
Review of permit applications.
(1)
Review. The City of Colby Water/Sewer Committee shall review all requests for approval of permits for land uses in the Groundwater Protection Overlay District. All determinations shall be made by the City of Colby Water/Sewer Committee within 60 days of any request for approval; provided, however, that this sixty-day period of limitation may be extended by the City of Colby Water/Sewer Committee for "good cause," as determined in the sole and absolute discretion of the City of Colby Water/Sewer Committee.
(2)
Factors. Upon reviewing all requests for approval, the City of Colby Water/Sewer Committee shall consider all of the following factors:
(a)
The City's responsibility, as a public water supplier, to protect and preserve the health, safety and welfare of its citizens.
(b)
The degree to which the proposed land use practice, activity or facility may seriously threaten or degrade groundwater quality in the City of Colby or the City's recharge area.
(c)
The economic hardship which may be faced by the landowner if the application is denied.
(d)
The availability of alternative options to the applicant, and the cost, effect and extent of availability of such alternative options.
(e)
The proximity of the applicant's property to other potential sources of contamination.
(f)
The then-existing condition of the City's groundwater public water wells and well fields, and the vulnerability to further contamination.
(g)
The direction of flow of groundwater and other factors in the area of the applicant's property which may affect the speed of the groundwater flow, including topography, depth of soil, extent of aquifer, depth to water table and location of private wells.
(h)
Any other hydrogeological data or information which is available from any public or private agency or organization.
(i)
The potential benefit, both economic and social, from the approval of the applicant's request for a permit.
(3)
Exemptions. Any exemptions granted will be made conditional and may include environmental and/or safety monitoring which indicates whether the facility may be emitting any releases of harmful contaminants to the surrounding environment. The facility will be held financially responsible for all environmental cleanup costs. The City of Colby Water/Sewer Committee may require that a bond be posted for future monitoring and cleanup costs if deemed necessary at the time of granting an exemption.
(4)
Responsibility for costs. The applicant shall be solely and exclusively responsible for any and all costs associated with the application, including all of the following:
(a)
The cost of an environmental impact study if so required by the City of Colby or its designee.
(b)
The cost of groundwater monitoring or groundwater wells if required by the City of Colby or its designee.
(c)
The costs of an appraisal for the property or other property evaluation expense if required by the City of Colby or its designee.
(d)
The costs of the City's employee's(s') time associated in any way with the application based on the hourly rate paid to the employee multiplied by a factor, determined by the City, representing the City's costs for expenses, benefits, insurance, sick leaves, holidays, overtime, vacation and other similar benefits.
(e)
The cost of City equipment employed.
(f)
The cost of mileage reimbursed to the City employee(s).
F.
Requirements for existing facilities and land uses.
(1)
Certifications. Existing facilities shall provide to the City of Colby copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results.
(2)
Monitoring. Existing facilities shall provide additional environmental or safety monitoring as deemed necessary by the City of Colby Water/Sewer Committee, specifically including the production of any and all environmental statements detailing the extent of chemical use and storage on the property.
(3)
Equipment replacement. Existing facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.
(4)
Contingency plans. Existing facilities shall have the responsibility of devising and/or filing with the City of Colby a contingency plan satisfactory to the Water/Sewer Committee for the immediate notification of the appropriate City of Colby officers in the event of an emergency.
(5)
Existing agricultural use exemption. Property owners with an existing agricultural use shall be exempt from requirements of this section as they relate to restrictions on agricultural uses; provided, however, that such exemption shall only apply to the property owners in existence at the time of the original passage of this section and this exemption shall not constitute a covenant running with the land.
G.
Enforcement and penalties.
(1)
Cease and desist action; mandatory clean-up work. In the event an individual and/or facility causes the release of any contaminants which endanger the Groundwater Protection Overlay District, the individual/facility causing said release shall immediately cease and desist, and provide clean-up satisfactory to the City of Colby.
(2)
Clean-up costs. The individual/facility shall be responsible for all costs of clean-up and the City of Colby's consultant fees at the invoice amount plus administrative costs for oversight, review and documentation, including all of the following:
(a)
The cost of City employees' time associated in any way with the clean-up based on the hourly rate paid to the employee multiplied by a factor determined by the City, representing the City's cost for expenses, benefits, insurance, sick leave, holidays, overtime, vacation and similar benefits.
(b)
The cost of City equipment employed.
(c)
The cost of mileage reimbursed to City employees attributed to the clean-up.
(4)
Violations. It shall be unlawful to construct or use any structure, land or water in violation of this section. Any person who is specifically damaged by such violations may institute appropriate action or proceedings to enjoin a violation of this section.
(5)
Penalties. Any person, firm or corporation who or which fails to comply with the provisions of this section shall, upon conviction thereof, forfeit not less than $100 nor more than $500 plus the costs of the prosecution for each violation, or, in the alternative, shall have such costs added to their real estate property tax bill as a lien against the property. Each day a violation exists or continues shall constitute a separate offense.
A.
Connection required. The owner of any residence, building or property used for human occupancy, employment, recreation or other purposes, situated within the City of Colby and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a municipal water main, is hereby required at the owner's expense to connect to said municipal water line within 90 days after the date of an official notice from the City to do so, provided that said municipal water main is located within 100 feet of said property line. Where a municipal water line is not available under the provisions of this subsection, the owner of said property may connect to and use a water well that complies with § NR 812.42, Wis. Adm. Code, as amended.
B.
Failure to connect; costs. If any owner fails to comply for more than 10 days after the expiration of the ninety-day period, the City of Colby may impose a penalty pursuant to Subsection C of this section or the City may cause connection to be made and bill the property owner for such expenses. If such expenses are not paid within 30 days, such costs shall be assessed as a special tax against the property pursuant to § 281.45, Wis. Stats. Notwithstanding the foregoing, the owner may, within 30 days after the completion of the work, file a written request with the City Clerk-Treasurer stating that the owner cannot pay the amount in one sum and asking that it be levied in (not to exceed) five equal annual installments. The Common Council shall have the authority to set the number of payment installments to be imposed. The amount shall be so collected with interest at the rate of prime rate plus 2% per year determined annually on November 1. In no event shall the interest rate exceed 15% per year. Interest shall accrue from the completion of the work and the unpaid balance shall be a special tax lien, pursuant to § 281.45, Wis. Stats.
C.
Penalties. In lieu of the above, the City of Colby, at its option, may impose a penalty for the period that the violation continues after expiration of 10 days following the ninety-day period provided in the written notice. The penalty shall apply to any owner failing to make a connection to the waterworks system. The penalty shall be an amount equal to 150% of the minimum monthly charge for water service, payable monthly for the period in which the failure to connect continues, and upon failure to make such payment, said charge will be assessed as a special tax lien against the property, all pursuant to § 281.45, Wis. Stats.
D.
Violation of health standards. This section ordains that the failure to connect to the water system fails to assure preservation of public health, comfort and safety, and is contrary to the minimum health standards of the City of Colby.