[HISTORY: Adopted by the Village Board of the Village of
Soldiers Grove 9-8-2011 by Ord.
No. 090911.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Health and sanitation — See Ch. 119.
Nuisances — See Ch. 145.
Water — See Ch. 214.
[1]
Editor's Note: This ordinance also repealed former Ch. 218,
Wells, adopted 9-6-1990, as amended.
As Chapter NR 810.16, Wisconsin Administrative Code, directs
suppliers of water for municipal water systems to require the abandonment
of all unused, unsafe or noncomplying wells located on the premises
served by their system, by local ordinance or water utility rule,
to prevent such wells as acting as channels for contamination or vertical
movement of water and to eliminate all existing cross-connections
and prevent all future cross-connections, the Village adopts this
chapter 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 serve as conduits for contamination, or
wells which may be illegally cross-connected to the municipal water
system, are properly abandoned.
This chapter applies to all wells located on premises served
by the Village of Soldiers Grove municipal water system.
For purposes of this chapter, the following terms shall have
the following meanings:
The system for the provision to the public of piped water
for human consumption within the Village of Soldiers Grove, provided
such system has at least 15 service connections or regularly serves
at least twenty-five-year-round residents, owned or operated by a
city, Village, town, town sanitary district, utility district, or
public institution as defined in Section 49.10(12)(f)1., Wis. Stats.,
or privately owned water utility serving any of the above.
A well or pump installation which does not comply with the
provisions of Chapter NR 812 of the Wisconsin Administrative 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 contrary
to the standards in Chapters NR 809 and 845 of the Wisconsin Administrative
Code, or for which a health advisory has been issued by the Wisconsin
Department of Natural Resources.
A well or pump installation which is not in use or does not
have a functioning pumping system.
An excavation or opening into the ground made by digging,
boring, drilling, driving, or other methods for the purpose of obtaining
groundwater for consumption or other use.
The filling and sealing of a well according to the provisions
of Chapter NR 812 of the Wisconsin Administrative Code.
All wells or pump installations located on premises served by the municipal water system and which are unused, unsafe or fail to comply with Chapter NR 812 of the Wisconsin Administrative Code shall be abandoned, in accordance with the terms of this chapter and Chapters NR 811 and 812 of the Wisconsin Administrative Code, no later than one year from the date of connection to the municipal water system; provided, however, that a well operation permit may be obtained by the well owner from the Village of Soldiers Grove if the conditions specified in § 218-5 are met.
The Village Board may grant a permit to a private well owner
to operate a well for a period not to exceed two years, provided the
conditions of this section are met. The Village, or its agents, 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 or renewal. Permit applications and
renewals shall be made on forms provided by the Village Clerk-Treasurer.
The following conditions must be met for issuance or renewal of a
well operation permit:
A.
The well and pump installation are safe and meet or are upgraded
to meet the requirements of Chapter NR 812 of the Wisconsin Administrative
Code;
B.
The well and pump installation shall be evaluated by a licensed well
driller or pump installer and certified to comply with Chapter NR
812, Subch. IV, prior to issuing the initial permit and no less than
every 10 years afterwards.
C.
The well construction and pump installation produce bacteriologically
safe water as evidenced by at least two consecutive safe samplings
taken a minimum of two weeks apart on an annual basis prior to issuing
or reissuing the permit to establish that water is safe for human
consumption. No exception to this condition may be made for unsafe
wells unless the Wisconsin Department of Natural Resources approves
the continued use of the well in writing;
D.
There are no cross-connections between the well and pump installation
and the municipal water system; and
E.
The owner demonstrates a need for continued current use of the well
and pump installation.
F.
Written documentation of the well and pump inspection indicating
compliance with Ch. NR 812 requirements must be maintained, using
standardized forms provided by the Department of Natural Resources.
A.
Applicable procedures and methods. All wells abandoned that are subject
to this chapter shall be abandoned according to the procedures and
methods specified in Chapter NR 812 of the Wisconsin Administrative
Code. All debris, pumps, piping, ungrouted liner pipe, and any other
obstructions known to be in the well shall be removed, if possible,
before the well is permanently abandoned per the provisions of Section
NR 812.26(6) of the Wisconsin Administrative Code.
B.
Notice. The owner of the well, or the owner's agent, shall notify
the Village Clerk-Treasurer at least 48 hours prior to the commencement
of any well abandonment of any abandonment activities. The abandonment
of the well shall be observed by the Village Water Superintendent.
C.
Qualifications. Any well abandonment must be completed by a person
qualified under Wis. Stats., § 280.30(2).
D.
Report. An abandonment report form supplied by the Wisconsin Department
of Natural Resources shall be submitted by the well owner to the Village
Clerk-Treasurer and the Wisconsin Department of Natural Resources
within 30 days of the completion of the well abandonment.
Any well owner violating any provision of this chapter shall,
on conviction, be subject to a forfeiture of not less than $100 nor
more than $500, plus the costs of prosecution and any all applicable
surcharges and assessments. If any person fails to comply with this
chapter for more than 30 days after receiving written notice of the
violation, the Village may cause the well abandonment to be performed
and assess the expense of the same as a special charge against the
property pursuant to § 66.0627 or § 66.0703, Wis.
Stats.
