[HISTORY: Adopted by the Common Council of the City of Arcadia as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Electric, Water and Sewer Utility Commission — See Ch. 10, Art. II.
Sewers — See Ch. 315.
Subdivision of land — See Ch. 410.
Wellhead protection — See Ch. 417.
[Adopted 4-17-1987 by Ord. No. 147; amended in its entirety 8-9-2012 by Ord. No. 147C]
As used in this article, the following terms shall have the meanings indicated:
CROSS-CONNECTION
Any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the City of Arcadia's public water system and the other of which contains water from a private source, water of unknown or questionable safety, or steam, gases, or chemicals, whereby there may be a flow from one system to the other, with the direction of flow depending on the pressure differential between the two systems.
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, as amended from time to time.
The Water Utility may inspect, or arrange for an inspection of, property served by the City of Arcadia water system for the existence of cross-connections. As an alternative, the City of Arcadia Water Utility may require a person, firm, or corporation who or which owns, leases, or occupies property to have his or its plumbing system inspected, at his or its own expense, by a State of Wisconsin certified cross-connection inspector/surveyor. The frequency of inspections shall be established by the City of Arcadia Water Utility in accordance with the Wisconsin Administrative Code. Any unprotected cross-connections identified by any inspection by the City of Arcadia, its agent, or a company employed by the City of Arcadia shall be promptly corrected by the property owner. Failure of any property owner to promptly correct an unprotected cross-connection shall be sufficient cause for the City of Arcadia Water Utility to discontinue water service to the property, as provided under § 373-6 of this article.
Upon presentation of credentials, a representative of the City of Arcadia Water Utility shall have the right to enter, at any reasonable time, a property served by a connection to the City of Arcadia water system for the purpose of inspecting the property for cross-connections. Refusing entry to such representative shall be sufficient cause for the City of Arcadia Water Utility to discontinue water service to the property, as provided under § 373-6 of this article. If entry is refused, a special inspection warrant under § 66.0119, Wis. Stats., may be obtained.
The City of Arcadia Water Utility may request an owner, lessee, or occupant of property served by a connection to the public water system to furnish the City of Arcadia Water Utility with pertinent information regarding the plumbing and piping systems on the property. Refusing to provide requested information shall be sufficient cause for the City of Arcadia Water Utility to discontinue water service to the property, as provided under § 373-6 of this article.
The City of Arcadia Water Utility may discontinue water service to any property wherein any unprotected cross-connection in violation of this article exists and take other precautionary measures deemed necessary to eliminate any danger of contamination of the City of Arcadia 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 § 373-7 of this article. Service to such property shall not be restored until the unprotected cross-connection has been eliminated.
If it is determined by the City of Arcadia 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 City Clerk-Treasurer and delivered to the property owner's last known address, water service may be immediately discontinued. The property owner shall have an opportunity for hearing under Ch. 68, Wis. Stats., within 10 days after such emergency discontinuance. Water service to such property shall not be restored until the unprotected cross-connection has been eliminated.
[Adopted 8-13-1990 by Ord. No. 156; amended in its entirety 8-9-2012 by Ord. No. 156C]
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 are properly maintained or abandoned.
This article applies to all wells located on premises served by the City of Arcadia municipal water system.
As used in this article, the following terms shall have the meanings indicated:
MUNICIPAL WATER SYSTEM
The community water system owned by the City of Arcadia.
NONCOMPLYING
A well or pump installation which does not comply with § NR 812.42, Standards for Existing Installations, Wis. Adm. Code, and which has not been granted a variance pursuant to § NR 812.43, Wis. Adm. 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 UNSAFE PUMP INSTALLATION
A well or pump installation which produces water which is bacteriologically contaminated or contaminated with substances which exceed the drinking water standards of Ch. NR 140 or NR 809, Wis. Adm. Code, or for which a health advisory has been issued by the Wisconsin Department of Natural Resources.
UNUSED WELL or UNUSED PUMP INSTALLATION
A well or pump installation 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, Wis. Adm. Code.
All wells on premises served by the City of Arcadia municipal water system shall be properly abandoned in accordance with § 373-13 of this article within 30 days of August 9, 2012, or not later than 90 days from the date of connection to the City of Arcadia municipal water system, whichever is later, unless a valid well operation permit has been issued to the well owner by the City of Arcadia under the terms of § 373-12 of this article.
A. 
Owners of wells on premises served by the City of Arcadia 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 City of Arcadia municipal water system. The City of Arcadia shall grant a permit to a well owner to operate a well for a period not to exceed five years, provided that 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 City of Arcadia 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-Treasurer. All initial and renewal applications must be accompanied by a fee established by the Common Council by resolution.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
The following conditions must be met for issuance or renewal of a well operation permit:
(1) 
The well and pump installation shall meet the standards for existing installations described in § NR 812.42, Wis. Adm. Code.
(2) 
The well and pump installation shall have a history of producing safe water evidenced by at least one coliform bacteria sample. In areas where the Wisconsin 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.
(3) 
There shall be no cross-connections between the well's pump installation or distribution piping and the City of Arcadia municipal water system.
(4) 
The water from the private well shall not discharge into a drain leading directly to a public sewer unless properly metered and authorized by the City of Arcadia Utility Commission.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(5) 
The private well shall have a functional pumping system.
(6) 
The proposed use of the private well shall be justified as reasonable in addition to water provided by the City of Arcadia municipal water system.
A. 
All wells abandoned under the jurisdiction of this article shall be abandoned according to the procedures and methods of § NR 811.13, Wis. Adm. Code. All debris, pumps, piping, unsealed liners and any other obstructions which may interfere with sealing operations shall be removed prior to abandonment.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
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 City Clerk-Treasurer 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 Wisconsin Department of Natural Resources, shall be submitted by the well owner to the City 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 article shall, upon conviction, be punished by forfeiture of not less than $50 nor more than $500 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 City of Arcadia 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.