[HISTORY: Adopted by the Village Board of the Village of
Birnamwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-24-2020 by Ord. No. 20-8-1]
As used in this article, 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 Village
of Birnamwood'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, Wis.
Adm. Code.
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 owns, leases or occupies property to have their plumbing inspected, at their own expense, by a State of Wisconsin certified cross-connection inspector/surveyor. 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 § 246-6 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 § 246-6 of this article. If entry is refused, a special inspection warrant under § 66.0119, Wis. Stats., 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 § 246-6 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 Ch. 68, Wis. Stats., except as provided in § 246-7 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 a 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.
[Adopted 8-24-2020 by Ord. No. 20-8-2]
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 Birnamwood 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 purposes stated in § 246-8 above.
As used in this article, 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.
A well or pump installation which does not comply with § NR
812.42, Wis. Adm. Code, the standards for existing installations,
and which has not been granted a variance pursuant to § NR
812.43, Wis. Adm. Code.
The pump and related equipment used for withdrawing water
from a well, including the discharge piping, the underground connections,
pit-less adapters, pressure tanks, pits, sampling faucets and well
seals or caps.
One which produces water which is bacteriologically contaminated
or contaminated with substances which exceed the drinking water standards
of Ch. NR 140 or NR 809, Wis. Adm. Code, or for which a health advisory
has been issued by the Department of Natural Resources.
One which is not used for 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.
All wells on premises served by the municipal water system shall be properly abandoned in accordance with § 246-13 of this article by no later than 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 Village of Birnamwood under the terms of § 246-12 of this article.
A.
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 Village of Birnamwood
shall grant a permit to a well owner to operate a well for a period
not to exceed five 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 Birnamwood 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 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 Director of Public
Works. All initial and renewal applications must be accompanied by
a fee as established by the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
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, Wis. Adm. Code.
(2)
The well and pump shall have a history of producing safe water evidenced
by at least one coliform bacteria sample. In areas where the Department
of Natural Resources has determined that groundwater aquifers are
contaminated with substances other than bacteria, additional chemical
sampling 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.
A.
All wells abandoned under the jurisdiction of this article 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. As of June 1, 2008, only licensed
well drillers and pump installers may perform abandonment (filling
and sealing) of wells.
B.
The owner of the well or the owner's agent shall notify the Director
of Public Works 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.
C.
An abandonment report form, supplied by the Department of Natural
Resources, shall be submitted by the well owner to the Director of
Public Works and the Department of Natural Resources within 30 days
of the completion of the well abandonment.
Any well owner violating any provision of this article shall,
upon conviction, be punished by forfeiture of not less than $25 nor
more than $50 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 30 days after receiving written notice of a 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.
