[HISTORY: Adopted by the Village Board of the Village of Grafton by Ord. No. 029, Series 2000 (Title 12, Ch. 12.16, of the 1979 Code). Amendments noted where applicable.]
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 Grafton municipal water system.
As used in this chapter, the following terms shall have the meanings indicated:
- MUNICIPAL WATER 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- 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 the provisions of § NR 812.42, Wis. Adm. Code, Standards for Existing Installations, 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 pump installation" means one which produces water which is bacteriologically contaminated or contaminated with substances in excess of the drinking water 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.
- "Unused well or pump installation" means one which is not in use or does not have a functional pumping system.
- 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.
- WELL ABANDONMENT
- The proper filling and sealing of a well according to the
provisions of § NR 812.26, Wis. Adm. Code.[Amended by Ord. No. 018, Series 2005]
[Amended by Ord. No. 008, Series 2002; Ord. No. 018, Series 2005]
All wells located on premises served by the municipal water system shall be abandoned in accordance with the terms of this chapter and Ch. NR 812, Wis. Adm. Code, within 12 months after written notification to the owner by the Grafton Water and Wastewater Utility, unless a valid well operation permit has been obtained by the well owner from the municipal water utility under the terms of this chapter. In any case, private well abandonment must be arranged for and completed prior to the time of sale or property transfer, unless a written statement is received from the prospective buyer indicating that he or she will be assuming full operation and maintenance responsibility for the private well, including applying for a private well operation permit upon transfer of property.
[Amended by Ord. No. 008, Series 2002; Ord. No. 018, Series 2005; 7-18-2011 by Ord. No. 018-2011]
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 Grafton Water and Wastewater Utility shall grant a permit to a private well owner to operate a well for a period not to exceed three 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. The Utility or its agent may also conduct inspections to obtain or verify information necessary for a permit application or renewal. In addition, the Utility will complete the required bacteriological sampling and testing. If either sample fails the bacteriological testing, the property owner is then required to contract with a licensed well driller to either abandon the well per DNR requirements or correct the well's unsafe water quality, including resampling by the contractor for well permit renewal. Permit applications and renewals shall be made on forms provided by the Utility. All initial and renewal applications must be accompanied by a fee of $150. In addition, the following conditions must be met for issuance or renewal of a well operation permit:
The well and pump installation shall meet the "standards for existing installations" described in § NR 812.42, Wis. Adm. Code;
The well construction and pump installation shall have a history of producing bacteriologically safe water as evidenced by at least two coliform bacteria samplings taken a minimum of two weeks apart. 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;
There shall be no cross-connections between the well pump installation or distribution piping and the municipal water system;
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;
The private well shall have a functional pumping system;
The proposed use of the private well and pump installation shall be justified based upon need due to lack of other reasonable alternatives;
The operation permit is not transferable to a new property owner.
All wells abandoned under the jurisdiction of this chapter or rule shall be abandoned according to the procedures and methods of § NR 812.26, Wis. Adm. Code. All debris, pump, piping, unsealed liners and any other obstructions which may interfere with sealing operations shall be removed prior to abandonment.
The owner of the well or the owner's agent shall notify the Utility at least 48 hours prior to commencement of any well abandonment activities. The abandonment of the well shall be observed by a representative of the Utility.
A completed abandonment report form shall be submitted by the well owner or his agent to the Utility and the Department of Natural Resources within 30 days of the completion of the well abandonment. The necessary report form is available through the Department of Natural Resources and also at the Grafton Water and Wastewater Utility.
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
Any well owner violating any provision of this chapter shall, upon conviction thereof, be subject to the general penalty in Chapter 1.08 of this Code. If any person fails to comply with this chapter 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 expense to be assessed as a special tax against the property.