[HISTORY: Adopted by the Village Board of the Village of
Randolph as indicated in article histories. Amendments noted where
applicable.]
[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]
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.
MUNICIPAL WATER SYSTEM
NONCOMPLYING
PUMP INSTALLATION
UNSAFE
UNUSED
WELL
WELL ABANDONMENT
Definitions. The following definitions shall be applicable in this
section:
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.
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.
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.
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.
A well or pump installation which is not in use or does not
have a functional pumping system.
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.
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.
The following Public Service Commission rate schedules are on
file in the Village Clerk-Treasurer's office:
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Public Fire Protection — F-1
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General Service, Metered — Mg-1
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General Water Service — Ug-1
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Public Service — Mpa-1
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Reconnection Charge — R-1
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Building and Construction Water Service — Mz-1
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Seasonal, Emergency or Temporary Service — Mgt-1
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Bulk Water — Bw-1
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Public Fire Protection Service — Fd-1
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Private Fire Protection Services, Unmetered — Upf-1
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Water and Sewer Lateral Installation Charge — Cz-1
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The following Public Service Commission rules and regulations
are on file in the Village Clerk-Treasurer's office:
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Compliance with rules
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Establishment of service
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Reconnection of service
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Temporary metered service, meter and deposits
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Water for construction
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Use of hydrants
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Operation of valves and hydrants and unauthorized use of water
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Refunds of monetary deposits
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Service laterals
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Replacement and repair of service laterals
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Abandonment of service
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Charges for water wasted due to leaks
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Thawing frozen service laterals
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Curb stop boxes
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Installation of meters
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Repairs to meters
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Service for piping for meter settings
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Turning on water
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Failure to read meters
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Complaint meter tests
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Inspection of premises
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Vacation of premises
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Deposits for residential service
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Deposits for nonresidential service
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Deferred payment agreement
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Dispute procedures
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Disconnection and refusal of service
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Collection of overdue bills
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Surreptitious use of water
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Repairs to mains
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Duty of water utility with respect to public safety
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Handling water mains and service laterals in excavation trenches
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Protective devices
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Cross-connections
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Water main extension rule
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Water main installation in platted subdivisions
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[Adopted 5-5-2014]
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.
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.
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.
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.
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.
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
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.
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.
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.
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:
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.
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.
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.
Chapter SPS 382, Wis. Adm. Code, is hereby adopted, except any
penalty provisions therein. Chapter NR 810, Wis. Adm. Code, is hereby
adopted.
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.
