§ 51.028 WELL ABANDONMENT AND WELL OPERATION PERMIT.
   (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 act as conduits for contamination of groundwater, 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 water system. Utility customers outside the jurisdiction of the municipal system may be required under contract agreement or utility rule to adopt and enforce equivalent ordinances within their jurisdictions for the purpose stated in division (A) above.
   (C)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      MUNICIPAL WATER SYSTEMS. 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.
      NONCOMPLYING. A well or pump installation which does not comply with Wis. Adm. Code § NR 812.42, Standards for Existing Installations, and which has not been granted a variance pursuant to Wis. Adm. Code § NR 812.43.
      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. Applied to well or pump installation, means one which produces water which is bacteriologically contaminated or contaminated with substances which exceed the drinking water standards of Wis. Adm. Code Chapters NR 140 or 809, or for which a health advisory has been issued by the Department of Natural Resources.
      UNUSED. Applied to well or pump installation, means one which is not used or does not have a functional pumping system.
      WELL. A drill hole or other excavation or opening, deeper than it is wide, that extends more than ten 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 Wis. Adm. Code § NR 812.26.
   (D)   Abandonment required. All wells on premises served by the municipal water system shall be properly abandoned in accordance with division (G) below by (date) or no later than (days) [90 days to one 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 (municipality) under terms of division (E) below.
   (E)   Well operation permit.  
      (1)   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 (days) [90 days to one year] after connection to the municipal water system. The (municipality) 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 operations permit may be renewed by submitting an application verifying that the conditions of this section are met. The (municipality) 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. [(optional) All initial and renewal applications must be accompanied by a fee of (     )].
      (2)   The well and pump installation shall comply with the Standards for Existing Installations, described in Wis. Adm. Code § NR 812.42, or repaired to comply with current standards. Compliance shall be verified by inspection for initial issuance of a permit and every ten 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 Clerk.
   (F)   Renewal of well operation permit. 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 Wis. Adm. Code § NR 812.42.
      (2)   The well and pump shall have a history of producing safe water evidenced by at least one coliform bacteria sample. In areas where the Department of Natural Resources has determined that groundwater aquifers are contaminated with substances other than bacteria, additional chemical test 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 municipal water system.
      (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.
      (6)   The proposed use of the private well shall be justified as reasonable in addition to water provided by the municipal water system.
   (G)   Abandonment procedures.
      (1)   All wells abandoned under the jurisdiction of this section shall be done according to the procedures and methods of Wis. Adm. Code § NR 812.26. All debris, pumps, piping, unsealed liners and any other obstructions which may interfere with sealing operations shall be removed prior to abandonment.
      (2)   The owner of the well, or the owner’s agent, [(optional) may be required to obtain a well abandonment permit prior to any well abandonment and] shall notify the Clerk 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.
      (3)   An abandonment report form, supplied by the Department of Natural Resources, shall be submitted by the well owner to the Clerk and the Department of Natural Resources within 30 days of the completion of the well abandonment.
(Prior Code, § 15.03(14)) (Ord. passed 1-9-2002; Am. Ord. passed 6-14-2017) Penalty, see § 51.999