[Adopted 5-28-1996[1]]
[1]
Editor's Note: This ordinance was originally adopted by the Board of Commissioners of the Lawrence Sanitary District.
[Amended 4-25-2016]
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.
[Amended 4-25-2016]
This article applies to all wells located on premises served by the Lawrence Utility District 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 jurisdiction for the purpose stated in § 286-1 above.
As used in this article, the following terms shall have the meanings indicated:
MUNICIPAL WATER SYSTEM
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.
NONCOMPLYING WELL OR PUMP INSTALLATION
One which does not comply with § NR 812.42, Standards for Existing Installations, of the Wisconsin Administrative Code and which has not been granted a variance pursuant to § NR 812.43 of the Wisconsin Administrative Code.
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 WELL OR PUMP INSTALLATION
One which produces water which is bacteriologically contaminated or contaminated with substances which exceed the drinking water standards of Chapter NR 140 or NR 809 of the Wisconsin Administrative Code or for which a health advisory has been issued by the Department of Natural Resources.
UNUSED WELL OR PUMP INSTALLATION
One which is not used or does not have a functional pumping system.
WELL
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.
WELL ABANDONMENT
The proper filling and sealing of a well according to the provisions of § NR 812.26 of the Wisconsin Administrative Code.
[Amended 4-25-2016]
All wells on premises served by the municipal water system shall be properly abandoned in accordance with § 286-6 of this article not later than 180 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 Utility District under terms of § 286-5 of this article.
[Amended 4-25-2016]
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 Town of Lawrence Utility District shall grant a permit to a well owner to operate a well for a period not to exceed five years provided 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 Town of Lawrence 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 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 as provided in the Town Fee Schedule. The following conditions must be met for issuance or renewal of a well operation permit:
A. 
The well and pump installation shall meet the standards for existing installations described in § NR 812.42 of the Wisconsin Administrative Code, or repaired to comply with current standards. Compliance shall be verified by inspection for initial issuance of a permit and every five years thereafter. Inspections shall be conducted by a Wisconsin-licensed well driller or licensed pump installer, and documentation shall be submitted to the Clerk.
[Amended 3-11-2019 by Ord. No. 2019-002]
B. 
The well and pump shall have a history of producing water that is negative for total coliform and E.coli as evidenced by a certified lab report for at least one coliform bacteria a sample collected within the prior 30 days, and submitted to the Clerk. 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.
[Amended 3-11-2019 by Ord. No. 2019-002]
C. 
There shall be no cross-connections or interconnection between either the well's pump installation or distribution piping and the municipal water system unless approved by the utility and DNR.
[Amended 3-11-2019 by Ord. No. 2019-002]
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.
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 done according to the procedures and methods of § NR 812.26 of the 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.
B. 
The owner of the well or the owner's agent shall be required to obtain a well abandonment permit prior to any well abandonment and shall notify the District 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.
C. 
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.
D. 
All well filling and sealing under jurisdiction of this article shall be performed by, or under the supervision of, a Wisconsin-licensed well driller or Wisconsin-licensed pump installer, per § 280.30, Wis. Stats.
[Added 3-11-2019 by Ord. No. 2019-002]
[Amended 4-25-2016]
Any well owner violating any provision of this article shall, upon conviction, be punished by a penalty as provided in § 1-3 of this Code. 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.
This article shall take effect and be in force from and after the 28th day of May 1996.