[HISTORY: Adopted by the Village Board of the Village of
Elm Grove 10-27-2014. Amendments
noted where applicable.]
The purpose of this chapter 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 serve as
conduits for contamination, or wells which have been illegally cross-connected
to the municipal water system, are properly abandoned.
This chapter applies to all wells located on premises served
by a municipal water system.
As used in this chapter, the following terms shall have the
meanings indicated:
A system for the provision to the public of piped water for
human consumption that is maintained and operated by a Public Service
Commission water utility.
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 which
exceed the standards of Ch. NR 809 or 140, 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 methods 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,
All wells located on premises connected to the municipal water
system shall be abandoned in accordance with the Ch. NR 812, Wis.
Adm. Code, and no later than one year from the date of connection
to the municipal water system, whichever occurs last, unless a well
operation permit has been obtained by the well owner from the Village
of Elm Grove.
The Village of Elm Grove 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. Permit applications and renewals
shall be made on forms provided by the Village of Elm Grove. A permit
fee will be paid for well operation permit and each renewal for a
permit. All applicable fees shall be paid. The following conditions
must be met for issuance or renewal of a well permit:
A.Â
The well and pump installation meet or are upgraded to meet the requirements
of Ch. NR 812, Wis. Adm. Code, in effect at the time the well was
constructed;
B.Â
The well and pump installation have a history of bacteriologically
safe water as evidenced by at least one sampling. 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;
C.Â
There are no cross-connections between the well and pump installation
and the municipal water system;
D.Â
The well and pump installation are connected only to exterior hose
bibs or exterior irrigation systems.
A.Â
All wells abandoned under the jurisdiction of this chapter or rule
shall be abandoned according to the procedures and methods of Ch.
NR 812, Wis. Adm. Code. All debris, pumps, piping, unsealed liners
and any other obstruction which may interfere with sealing operations
shall be removed prior to abandonment.
B.Â
The owner of the well, or the owner's agent, shall submit to
the Village of Elm Grove verification that the well has been abandoned.
A.Â
Any person found violating the provisions of this chapter shall be
provided written notice stating the nature of the violation and providing
a reasonable time, not to exceed 30 days, for the correction of the
violations. If any person fails to comply with this section after
receiving written notice of the violation, the Village of Elm Grove
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
per § 66.027, Wis. Stats.
B.Â
Any person who shall continue any violation beyond the aforesaid time limit provided in a written notice of violation shall be subject to a penalty as provided in § 1-16 of this Code; except that the forfeiture shall not be less than $50. Each day a violation continues or occurs shall constitute a separate offense.
