[HISTORY: Adopted by the Village Council
of the Village of Balsam Lake as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Water and sewers — See Ch. 293.
[Adopted 1-7-1991 by Ord. No. 94; amended
in its entirety 6-4-2012 by Ord. No. 2012-03]
The purpose of this article is to protect public health, safety
and welfare and to prevent contamination of water supplies 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 properly filled and sealed.
This article applies to all wells located on premises served by the Balsam Lake municipal water system. Communities outside the jurisdiction of a supplying municipal system are also required by code, contract agreement, or utility rule to adopt and enforce equivalent ordinances within their jurisdictions for purpose stated in § 296-1 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.
Any jurisdiction having customers supplied by a municipal
water system as retail or wholesale customers, including those outside
the jurisdiction of the supplying system.
A well or pump installation which does not comply with § NR
812.42, Wis. Adm. Code, Standards for Existing Installations, and
which has not been granted a variance pursuant to Wis. Adm. Code,
§ 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,
pitless adapters, pressure tanks, pits, sampling faucets and well
seals or caps.
Any property having a water supply pipe extending onto it
which is connected to the municipal water system.
A well or pump installation which produces water which is
bacteriologically unsafe.
A well which does not have a functional pumping system or
other complying means of withdrawing water.
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 or decommissioning 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 filled and sealed in accordance with § 296-6 of this article no later than one year from the date of connection to the municipal water system, or discovery or construction of a well, unless a valid well operation permit has been issued to the well owner by the Village of Balsam Lake under the terms of § 296-5 of this article.
Owners of wells on premises served by the municipal water system
shall make application for a well operation permit for each well no
later than one year after connection to the municipal water system
or date of discovery or construction of a well. The Village of Balsam
Lake 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 Balsam Lake, 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 Clerk. All initial and renewal applications must be accompanied
by a fee of $25. The following conditions must be met for issuance
or renewal of a well operation permit:
A.
The well and pump installation shall comply with the Standards for
Existing Installations described in § NR 812.42, Wis. Adm.
Code, or repaired to comply with current standards. Compliance shall
be verified by inspection for initial issuance of a permit and every
10 years thereafter. Inspections shall be conducted by a Wisconsin-licensed
well driller or pump installer and documented on the inspection report
for DNR No. 3300-221, to be submitted to the Clerk.
B.
The well and pump shall have a history of producing safe water evidenced
by a certified lab report for least one coliform bacteria sample collected
within the prior 30 days and submitted to the Clerk. In areas where
the Department of Natural Resources (DNR) 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 or interconnection between the
well's pump installation or distribution piping and the municipal
water system unless approved by the utility and DNR.
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 or other
complying means of withdrawing water.
F.
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 filled and sealed according to the procedures of § NR
812.26, Wis. Adm. Code.
B.
All well filling and sealing under jurisdiction of this article shall
be performed by, or under the supervision of, a certified water system
operator employed by the Village of Balsam Lake or by a Wisconsin-licensed
well driller or pump installer, per § 280.30, Wis. Stats.
C.
The owner of the well, or the owner's agent, may be required
to obtain a well abandonment permit prior to any well abandonment
and 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.
D.
A well filling and sealing report form DNR No. 3300-005, supplied
by the Department of Natural Resources, shall be submitted by the
well owner to the Clerk and to 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 and such additional penalties as provided for in Chapter 1, General Provisions, § 1-4, of the Village of Balsam Lake Code 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 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.
