[Code 1966, § 13.13]
The penalty for violation of any provision of this chapter shall be a penalty as provided in § 1-12. A separate offense shall be deemed committed on each date on which a violation occurs or continues; provided, however, that no forfeiture shall be imposed for a violation of § 42-5 when connection to the sewer or water main is enforced at the expense of the property owner.
[Code 1966, § 13.01]
(a)
Pursuant to W.S.A., § 251.02, the expression "board of
health" shall mean the county health department and the expression
"health officer" shall mean the county health department or any of
its officers or employees.
(b)
Such county health department shall have the powers and duties of
the Village health department and the health officer as described
in this chapter, and such other powers and duties as prescribed by
the county board, applicable state statutes, and rules and regulations
as promulgated from time to time by the state board of health pursuant
to law.
[Code 1966, § 13.12]
The health officer, together with the board of health, shall
have the power to abate health nuisances in accordance with W.S.A.,
§ 146.14 which is hereby adopted by reference and made a
part of this section as if fully set forth in this section.
[Code 1966, § 13.11; Ord. No. 639, § I, 2-2-1999]
(a)
W.S.A., § 101.123 is adopted by reference in this section
as if set forth at length in this section, exclusive of penalties,
and exclusive of subsections (6), (7), (8) and (9) of such section.
(b)
No person may smoke while on the premises, indoors or outdoors, of
a public educational facility located within the Village of Mukwonago.
[Code 1966, § 13.02; Ord. No. 952, § I, 10-17-2018]
(a)
Circumstances requiring. Whenever a sewer or water main becomes available
to any building used for human habitation, the Building Inspector
shall notify the owner or his agent by registered mail addressed to
the last known address of the owner or his agent, as required by law.
(b)
Contents of notice. The notice required by this section shall direct
the owner or his agent to connect the building to such main in the
manner prescribed by the Building Inspector, to install such facilities
as may be reasonably necessary to permit passage of sewage incidental
to such human habitation into the sewer system, and to furnish an
adequate supply of pure water for drinking and prevent creation of
a health nuisance. Such connection shall be made within nine months
from the date of the notice.
(c)
Building Inspector may cause connection at expense of owner. If the owner or his agent fails to comply with the notice of the Building Inspector within the time specified in Subsection (b) of this section, he may cause the connection to be made and the expense thereof shall be assessed as a special tax against the property.
(d)
Installment option. The owner or his agent may, within 30 days after
completion of the work, file a written option with the Village Clerk
stating that he cannot pay the cost of connection in one lump sum
and electing that such sum be levied in five equal annual installments,
with interest at the rate paid by the Village of Mukwonago at the
time of its most recent borrowing preceding the receipt of that option,
plus 1%, per annum. Said interest shall run from the completion of
the work to be placed on the tax roll until full payment, together
with interest, is received.
(e)
Privies; cesspools; waterless toilets prohibited after connection
with sewer. After connection of any building used for human habitation
to a sewer main, no privy, cesspool or waterless toilet shall be used
in connection with such human habitation.
(f)
Abandonment of wells. Abandonment of wells shall be executed as follows:
(1)
Required; time limit. Pursuant to the provisions of § NR
111.26(4) of the Wis. Adm. Code, any premises within the Village connected
to the Village water system shall, within 30 days of such connection,
permanently abandon the existing well in accordance with the methods
and procedures set forth in §§ NR 111.26 and NR 112.21
Wis. Adm. Code.
(2)
Reports and inspections. A well abandonment report must be submitted
by the well owner to the department of natural resources on forms
provided by that agency. The report shall be submitted immediately
upon completion of the filling of the well. The filling must be observed
by a representative of the municipality.
[Ord. No. 686, §§ I
— VII, 2-19-2002; Ord. No. 785, § I, 10-18-2005]
(a)
Purpose. 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 property maintained or abandoned.
(b)
Applicability. This section applies to all wells located on premises
served by the Village of Mukwonago municipal water system.
(c)
MUNICIPAL WATER SYSTEM
NONCOMPLYING
PUMP INSTALLATION
UNSAFE WELL OR PUMP INSTALLATION
UNUSED WELL OR PUMP INSTALLATION
WELL
WELL ABANDONMENT
Definitions.
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.
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.
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 produces water which is bacteriologically contaminated
or contaminated with substances which exceeds the drinking water standards
of ch. NR 140 or 809, Wisconsin Administrative Code, or for which
a health advisory has been issued by the department of natural resources.
One which is not used or does not have a functional pumping
system.
A drillhole 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, Wisconsin Administrative Code.
(d)
Abandonment required. All wells on premises served by the municipal water system shall be properly abandoned in accordance with Subsection (f) of this section by June 28, 2002, or not later than 90 days 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 Village of Mukwonago under terms of Subsection (e) of this section.
(e)
Well operation permit. 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 90 days after connection to the municipal water system. The Village
of Mukwonago shall grant a permit to a well owner to operate a well
for a period not to exceed two years providing 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 Village of Mukwonago or its agent, may conduct inspections and
water quality tests or require inspections and water quality tests
to be conducted at the applicant's expense or 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. A fee shall be specified in the most current Village
Board resolution and must accompany all initial and renewal applications.
The following conditions must be met for issuance or renewal of a
well operation permit:
(1)
The well and pump installation shall meet the standards for existing
installations described in § NR 812.42, Wisconsin Administrative
Code.
(2)
The well and pump shall have a history of producing safe water evidenced
by at least two coliform bacteria samples taken a minimum of two weeks
apart. In areas where the 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.
(3)
There shall be no cross-connections between the well's pump
installation or distribution piping and the municipal water system.
(4)
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.
(5)
The private well shall have a functional pumping system.
(6)
The proposed use of the private well shall be justified as reasonable
in addition to water provided by the municipal water system.
(f)
Abandonment procedures.
(1)
All wells abandoned under the jurisdiction of this ordinance shall
be done according to the procedures and methods of § NR
812.26, Wisconsin Administrative Code. All debris, pumps, piping,
unsealed liners and any other obstructions which may interfere with
sealing operations shall be removed prior to abandonment.
(2)
The owner of the well, or the owner's agent shall notify the
Clerk 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 system.
(3)
An abandonment report, form, supplied by the department of natural
resources, shall be submitted by the well owner to the Clerk and the
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 forfeiture of not less than $100
but not 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 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. In addition, if the Village water superintendent determines
that the violation may result in damage to the municipal water supply
system, then the water superintendent may shut off the municipal water
supply to the property.
