§ 42-6. Well abandonment and well operation permit.

(a)

Purpose. 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 property maintained or abandoned.

(b)

Applicability. This section applies to all wells located on premises served by the Village of Mukwonago municipal water system.

(c)

Definitions.

Municipal water system means 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 means a well or pump installation which does not comply with § NR 812.42, Wisconsin Administrative Code, Standards for Existing Installations, and which has not been granted a variance pursuant to § NR 812.43, Wisconsin Administrative Code.

Pump installation means 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 which exceeds the drinking water standards of ch. NR 140 or 809, Wisconsin Administrative 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 used or does not have a functional pumping system.

Well means a drillhole 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 means the proper filling and sealing of a well according to the provisions of § NR 812.26, Wisconsin Administrative Code.

(d)

Abandonment required. All wells on premises served by the municipal water system shall be properly abandoned in accordance with subsection (f) of this section by June 28, 2002, or not later than 90 days 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 Mukwonago under terms of subsection (e) of this section.

(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 90 days after connection to the municipal water system. The Village of Mukwonago shall grant a permit to a well owner to operate a well for a period not to exceed two 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 Mukwonago 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 or 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. A fee shall be specified in the most current village board resolution and must accompany all initial and renewal applications. 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 § NR 812.42, Wisconsin Administrative Code.

(2)

The well and pump shall have a history of producing safe water evidenced by at least two coliform bacteria samples 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.

(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.

(f)

Abandonment procedures.

(1)

All wells abandoned under the jurisdiction of this ordinance shall be done according to the procedures and methods of § NR 812.26, Wisconsin Administrative Code. 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 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.

(g)

Penalties. Any well owner violating any provision of this section shall upon conviction be punished by forfeiture of not less than $100.00 but not more than $500.00 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 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. In addition, if the village water superintendent determines that the violation may result in damage to the municipal water supply system, then the water superintendent may shut off the municipal water supply to the property.

(Ord. No. 686, §§ I—VII, 2-19-02; Ord. No. 785, § I, 10-18-05)

Cross reference

Abandonment of wells, § 42-5(f).