[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The purpose of this article is to protect public health, safety
and welfare and to prevent contamination of water supplies 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 properly filled and sealed.
This article applies to all wells located on premises served by the Village of Denmark municipal water system. Communities outside the jurisdiction of a supplying municipal system may be required by code, contract agreement, or utility rule to adopt and enforce equivalent ordinances within their jurisdictions for purposes stated in § 296-21 above.
As used in this article, the following terms shall have the
meanings indicated:
Any jurisdiction having customers supplied by a municipal
water system as retail or wholesale customers, including those outside
the jurisdiction of the supplying system.
A 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.
A well or pump installation which does not comply with § NR
812.42, Wis. Stats., Standards for Existing Installations, and which
has not been granted a variance pursuant to § NR 812.43,
Wis. Adm. Code.
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.
Any property having a water supply pipe extending onto it
which is connected to the municipal water system.
One which produces water which is bacteriologically contaminated
or contaminated with other substances exceeding the drinking water
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 (DNR).
One which does not have a functional pumping system or other
complying means of withdrawing water.
A drill hole 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.
The proper filling and sealing or decommissioning of a well
according to the provisions of § NR 812.26, Wis. Adm. Code.
All wells on premises served by the municipal water system shall be properly filled and sealed in accordance with § 296-26 of this article no later than 365 days from the date of connection to the municipal water system, or discovery or construction of a well, unless a valid well operation permit has been issued to the well owner by the Village of Denmark under the terms of § 296-25 of this article.
A.
Owners of wells on premises served by the municipal water system
shall make application for a well operation permit for each well no
later than 365 days after connection to the municipal water system
or date of discovery or construction of a well. The Village of Denmark
shall grant a permit to a well owner to operate a well for a period
not to exceed five years providing 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 Village
of Denmark 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 Village. All initial
and renewal applications must be accompanied by the fees on file with
the Village of Denmark.
B.
The following conditions must be met for issuance or renewal of a
well operation permit:
(1)
The well and pump installation shall comply with the standards for
existing installations described in § NR 812.42, Wis. Adm.
Code, or be repaired to comply with current standards. Compliance
shall be verified by inspection for initial issuance of a permit and
every 10 years thereafter. Inspections shall be conducted by a Wisconsin
licensed well driller or licensed pump installer and documentation
shall be submitted to the Village.
(2)
The well and pump shall have a history of producing safe water evidenced
by a certified lab report for at least one coliform bacteria sample
collected within the prior 30 days and submitted to the Village. 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.
(3)
There shall be no cross-connection or interconnection between either
the well's pump installation or distribution piping and the municipal
water system unless approved by the Utility and Department of Natural
Resources.
(4)
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.
(5)
The private well shall have a functional pumping system or other
complying means of withdrawing water.
(6)
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 filled and sealed according to the procedures of § NR
812.26, 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.
B.
All well filling and sealing under the jurisdiction of this article
shall be performed by a Wisconsin licensed well driller or Wisconsin
licensed pump installer, per § 280.30, Wis. Stats.
C.
The owner of the well or the owner's agent shall notify the Village
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.
D.
A well filling and sealing report form, supplied by the Department
of Natural Resources, shall be submitted by the well owner to the
Village and to the 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 established in § 1-4 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.
