Village of Randolph, WI
Dodge County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Randolph as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 295.
Wellhead protection — See Ch. 367.
[Adopted 4-2-2012 by Ord. No. 397 (Title 9, Ch. 1, of the 1998 Code); amended in its entirety 5-5-2014 by Ord. No. 406]

§ 359-1 Private well abandonment.

A. 
Purpose. The purpose of this section 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 be illegally cross-connected to the municipal water system are properly abandoned.
B. 
Applicability. This section applies to all wells located on any premises served by the Village of Randolph municipal water system.
C. 
Definitions. The following definitions shall be applicable in this section:
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 and 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.
NONCOMPLYING
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.
UNSAFE
A well or pump installation which produces water which is bacteriologically contaminated or contaminated with substances in exceedance of the standards of Ch. NR 140 or 809, Wis. Adm. Code, or for which a health advisory has been issued by the Department of Natural Resources.
UNUSED
A well or pump installation which is not in use or does not have a functional pumping system.
WELL
An excavation or opening into the ground made by digging, boring, drilling, driving, or other method 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.
D. 
Abandonment required.
(1) 
Requirement. All wells located on premises served by the municipal water system shall be abandoned in accordance with the terms of this section and Ch. NR 812, Wis. Adm. Code, by December 31, 1993, or no later than one year from the date that connection to the municipal water system becomes available, whichever occurs last, unless a well operation permit has been obtained by the well owner from the Village Clerk-Treasurer.
(2) 
Exempt premises. Premises where Village water service is not available are exempt from this section. Also exempt are those wells which are redemption projects which are on file with the Department of Natural Resources of the State of Wisconsin.
(3) 
Upgrade/temporary abandonment. Where feasible, noncomplying well and pump installations may be upgraded to comply with Ch. NR 812, Wis. Adm. Code. A private well may be temporarily abandoned under the provisions of Ch. NR 812. A well constructed for potable use may not be considered a nonpotable well to avoid the applicability of this section.
(4) 
Approval of DNR for well operation permit. If water from a private well is known to produce water which exceeds a Department of Natural Resources (DNR) health advisory, a primary standard in Chapter NR 809 or an enforcement standard in Ch. NR 140, Wis. Adm. Code, a well operation permit shall not be issued without approval of the Department of Natural Resources.
(5) 
Illegal cross-connection defined. An illegal cross-connection exists where a private well is connected to a plumbing system which is also connected to the Village system.
E. 
Well operation permit. The Village Board may grant a permit to a private well owner to operate a well for a period not to exceed five years, providing the conditions of this section are met. An owner may request renewal of a well operation permit by submitting information verifying that the conditions of this section 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 Clerk-Treasurer. The following conditions must be met for issuance or renewal of a well operation permit:
(1) 
A licensed well driller or pump installer shall verify, in writing, that the well and pump installation meet or are upgraded to meet the requirements of Ch. NR 812, Wis. Adm. Code.
(2) 
The well has a history of producing bacteriologically safe water and presently produces bacteriologically safe water. The owner shall demonstrate this by annually collecting one water sample from the well and having it analyzed for total coliform bacteria. Sampling test kits can be obtained from the State Laboratory of Hygiene [(800) 442-4618] or from a private lab of the owner's choice. Results are to be filed with the Village Clerk-Treasurer. 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.
(3) 
There are no cross-connections between the well and pump installation and the municipal water system.
(4) 
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.
(5) 
A fee as set by the Village Board is paid to the Village every five years.
F. 
Abandonment procedures.
(1) 
All wells abandoned under the jurisdiction of this section or rule shall be abandoned according to the procedures and methods of Ch. NR 812, Wis. Adm. Code. All debris, pump, 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-Treasurer at least 48 hours prior to commencement of any well abandonment activities. The abandonment of the well shall be observed by Utilities Superintendent or his/her agent.
(3) 
An abandonment report form, supplied by the Department of Natural Resources, shall be submitted by the well owner to the Clerk-Treasurer and the Department of Natural Resources within 10 days of the completion of the well abandonment.
G. 
Penalties. Any person, firm, or well owner violating any provision of this section shall, upon conviction, be punished by a forfeiture as prescribed in § 1-4 of this Code and the cost of prosecution. Each twenty-four-hour period during which a violation exists shall be deemed and constitute a separate offense. If any person fails to comply with this section 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.

§ 359-2 Rate schedules.

The following Public Service Commission rate schedules are on file in the Village Clerk-Treasurer's office:
Public Fire Protection — F-1
General Service, Metered — Mg-1
General Water Service — Ug-1
Public Service — Mpa-1
Reconnection Charge — R-1
Building and Construction Water Service — Mz-1
Seasonal, Emergency or Temporary Service — Mgt-1
Bulk Water — Bw-1
Public Fire Protection Service — Fd-1
Private Fire Protection Services, Unmetered — Upf-1
Water and Sewer Lateral Installation Charge — Cz-1

§ 359-3 Rules and regulations.

The following Public Service Commission rules and regulations are on file in the Village Clerk-Treasurer's office:
Compliance with rules
Establishment of service
Reconnection of service
Temporary metered service, meter and deposits
Water for construction
Use of hydrants
Operation of valves and hydrants and unauthorized use of water
Refunds of monetary deposits
Service laterals
Replacement and repair of service laterals
Abandonment of service
Charges for water wasted due to leaks
Thawing frozen service laterals
Curb stop boxes
Installation of meters
Repairs to meters
Service for piping for meter settings
Turning on water
Failure to read meters
Complaint meter tests
Inspection of premises
Vacation of premises
Deposits for residential service
Deposits for nonresidential service
Deferred payment agreement
Dispute procedures
Disconnection and refusal of service
Collection of overdue bills
Surreptitious use of water
Repairs to mains
Duty of water utility with respect to public safety
Handling water mains and service laterals in excavation trenches
Protective devices
Cross-connections
Water main extension rule
Water main installation in platted subdivisions
[Adopted 5-5-2014]

§ 359-4 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.

§ 359-5 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 § 359-10 of this article. If entry is refused, a special inspection warrant under § 66.0119, of the Wis. Stats., may be obtained.

§ 359-6 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 § 359-10 of this article.

§ 359-7 Discontinuation of water for violation.

The water utility may discontinue water service to any property wherein any unprotected connection in violation of this ordinance 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 § 359-10 of this article. Water service to such property shall not be restored until the unprotected cross-connection has been eliminated.

§ 359-8 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 Clerk 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.

§ 359-9 Definitions.

As used in this article, the following terms shall have the meanings indicated:
BACKFLOW
The undesirable flow of water or mixtures of water and other liquids, gases or other substances under positive or reduced pressure into the Randolph water utility (hereinafter "utility") distribution pipes of the potable supply of water from any source.
BACKFLOW PREVENTER
A device or means designed to prevent backflow caused by backpressure or back-siphonage; most commonly categorized as air gap, reduced-pressure principle backflow preventer, double-check valve assembly, pressure vacuum breaker, atmospheric vacuum breaker, hose connection vacuum breaker, hose connection backflow preventer, backflow preventer with intermediate atmospheric vent, and barometric loop.
BACKPRESSURE
An elevation of pressure in the downstream piping system (i.e., pump, elevation of piping, or stream and/or air pressure) above the utility supply pressure, which would cause or tend to cause a reversal of the normal direction of flow.
BACK-SIPHONAGE
The flow of water or other liquids, mixtures or substances into the distribution pipes of the utility's potable water supply system from any source caused by the sudden reduction of pressure in the utility's potable water supply system.
CROSS-CONNECTION
Any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the utility, and the other containing water from a private source, water of unknown or questionable safety, or stream, gases, or chemicals, whereby there may be a flow from one system to the other, the direction of flow depending on the pressure differential between the two systems.

§ 359-10 Inspections.

A. 
It shall be the duty of the utility to cause inspection to be made of all properties serviced by the utility where cross-connection with the public water system is deemed possible. Residential properties serviced by the utility shall be inspected on a ten-year interval. All nonresidential properties serviced by the utility shall be inspected on a two-year interval or as deemed appropriate by the utility and Wisconsin Department of Natural Resources. The utility may, but is not required to, perform the cross-connection inspection of the nonresidential owner's property. If, in the opinion of the utility, the utility is not able to perform the inspection, the nonresidential property owner must, at his or her own expense, have the plumbing inspected for cross-connections by:
(1) 
A recognized and experienced firm in the area of cross-connection control and backflow prevention.
(2) 
An individual who has received specialized training for the survey, detection and testing of cross-connection control devices and assemblies.
(3) 
A State of Wisconsin licensed master plumber.
B. 
A copy of the inspection report must be submitted to the Village.
C. 
The frequency of required inspection and reinspections, based on potential health hazards involved, may be shortened by the utility. The utility shall, at its sole discretion, charge property owners for direct and necessary utility costs for on-premises follow-up visits involving reinspections and/or matters addressing customer noncompliance.

§ 359-11 Owner responsibility.

The property owner shall be responsible for the elimination of or protection from all cross-connections on his or her premises. The owner shall, at his or her expense, have installed, maintained, and tested any and all backflow preventers on his or her premises in compliance with Chs. NR 810 and SPS 382, Wis. Adm. Code. The property owner shall have corrected any malfunction, revealed by periodic testing, of any backflow preventer on his or her premises. The property owner shall inform the utility of any proposed or modified cross-connections and also any existing cross-connections that are not protected by an approved backflow prevention device. The property owner shall not install a bypass around any backflow preventer unless there is a backflow preventer of the same type on the bypass. Property owners who cannot shut down operation for testing of the backflow prevention device must supply additional devices necessary to allow testing to take place. In the event the property owner installs plumbing upstream of the backflow preventer, such plumbing must have its own approved backflow preventer. The property owner is required to follow the protection practices described in the American Water Works Association publication AWWA M14, titled "Recommended Practice for Backflow Prevention and Cross-Connection Control," unless the utility requires or authorizes other means of protecting the public water system. These requirements or authorizations will be at the discretion of the utility.

§ 359-12 Additional protection.

In the case of premises having internal cross-connections that cannot be permanently corrected or controlled, or intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the public water system shall be protected against backflow from the premises by installing an approved backflow preventer in the service line. In the case of any premises where there is any material dangerous to health that is handled in such a manner that, in the opinion of the utility, it could create an actual or potential hazard to the public water system, the public water system shall be protected by an approved air-gap separation or an approved reduced-pressure principle backflow preventer. Examples of premises where these conditions will exist include sewage treatment plants, hospitals, mortuaries, plating plants and car wash establishments. In the case of any premises where, in the opinion of the utility, an undue health threat is posed because of the presence of toxic substances, the utility may require an approved air-gap at the service connection to protect the public water system. This requirement will be at the discretion of the utility.

§ 359-13 Adoption of legislative provisions.

Chapter SPS 382, Wis. Adm. Code, is hereby adopted, except any penalty provisions therein. Chapter NR 810, Wis. Adm. Code, is hereby adopted.

§ 359-14 Plumbing Code not superseded.

The article does not supersede the State of Wisconsin Plumbing Code, in its entirety, Chs. SPS 381 to 387, Wis. Adm. Code, but is supplementary to it.