(a) Purpose. The purpose of this Section 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 be illegally cross-connected to the municipal water system, are properly maintained or abandoned.
(b) Applicability. This Section applies to all wells located on premises served by the Village of Edgar's municipal water system.
(c) Definitions. The following definitions shall be applicable in this Section:
(1) 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, county, or municipal- owned institution for congregate care or correction, or a privately-owned water utility serving the foregoing.
(2) Noncomplying.
A well or pump installation which does not comply with 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.
(3) Pump Installation.
The pump and related equipment used for withdrawing water from a well, including the discharge piping, the underground connections, pitless adapters, and pressure tanks, pits, sampling faucets and well seals or caps.
(4) Served By.
Any property having a water supply pipe extending onto it which is connected to the municipal water system.
(5) Unsafe.
A well or pump installation means one which produces water which is bacteriologically contaminated or contaminated with substances which exceed the drinking water standards of NR 140 or 809, Wis. Adm. Code, or for which a Health Advisory has been issued by the Wisconsin Department of Natural Resources.
(6) Unused.
A well or pump installation that is one which is not used or does not have a functional pumping system.
(7) Well.
A drillhole or other excavation or opening deeper than it is wide that extends more than ten (10) feet below the ground surface constructed for the purpose of obtaining groundwater.
(8) Well Abandonment.
The proper filling and sealing of a well according to the provisions of NR 812.26, Wis. Adm. Code.
(d) Well Abandonment Required. All wells on premises served by the municipal water system shall be properly abandoned (filled in and sealed) in accordance with Subsection (f) below by not later than one (1) year from the date of connection to the municipal water system, unless a valid well operation permit has been issued to the well owner by the Village of Edgar Water Utility under the terms of Subsection (e) below.
(e) Well Operation Permit. 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 ninety (90) days after connection to the municipal water system. The Edgar Village Board shall grant a permit to a well owner to operate a well for a period not to exceed five (5) 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 Edgar Water Utility, 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 Administrator. All initial and renewal applications shall be accompanied by the required fee. The following conditions must be met for issuance or renewal of a well operation permit:
(1) Administrative Code Compliance.
The well and pump installation shall comply with the Standards for Existing Installations described in NR 812.42, Wis. Adm. Code, or repaired to comply with current standards. Compliance shall be verified by inspection for initial issuance of a permit and every ten (10) years thereafter. Inspections shall be conducted by a Wisconsin licensed well driller or pump installer and documented on inspection report form DNR #3300-221, to be submitted to the Village Administrator.
(2) Testing.
The well and pump shall have a history of producing safe water evidenced by a certified lab report for at least one (1) coliform bacteria sample collected within the prior thirty (30) days, and submitted to the Village Administrator. 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) Cross Connections Prohibited.
There shall be no cross connections or interconnections between the well's pump installation or distribution piping and the municipal water system; unless approved by the Water Utility and WisDNR.
(4) Private Well Discharges.
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) Functional Pumping System Requirement.
The private well shall have a functional pumping system or other complying means of withdrawing water.
(6) Necessity Test.
The proposed use of the private well shall be justified as reasonable in addition to water provided by the municipal water system.
(f) Abandonment Procedures; Well Filling and Sealing.
(1) Consistency With Administrative Code Requirements; Debris Removal.
All wells abandoned under the jurisdiction of this Section shall be done according to the procedures and methods 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.
(2) Abandonment Supervision.
All well filling and sealing under jurisdiction of this Section shall be performed by, or under the supervision of, a Certified Water System Operator employed by the Edgar Water Utility or by a Wisconsin-licensed well driller or pump installer, per Sec. 280.30, Wis. Stats.
(3) Notification of Abandonment Procedures.
The owner of the well, or the owner's agent, shall be required to obtain a well abandonment permit prior to any well abandonment and shall notify the Village Administrator or Water Utility at least forty- eight (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.
(4) Abandonment Report.
A well filling and sealing report form DNR #3300-005, supplied by the Wisconsin Department of Natural Resources, shall be submitted by the well owner to the Village Administrator and the Wisconsin Department of Natural Resources within thirty (30) days of the completion of the well abandonment.
(g) Penalties. Any well owner violating any provision of this Section shall, upon conviction, be punished by forfeiture as prescribed in Section 1-1-6 and the cost of prosecution. Each day of violation is a separate offense. If any person fails to comply with this Section for more than ten (I 0) days after receiving written notice of the violation, the Village may impose a penalty and cause the well abandonment to be performed and the expense to be assessed as a special charge against the property.
Cross-Reference: NR 140, 809 and 812, Wis. Adm. Code; SFS 382, Wis. Adm. Code