WHEREAS, s.NR811.10, Wisconsin Administrative Code, directs suppliers of water for municipal water systems to require the abandonment of all unused, unsafe or noncomplying wells located on the premises served by their system, and to provide a permit system to allow retention of safe and code complying wells, by local ordinance or water utility rule, to eliminate sources of unsafe water and to prevent such wells from becoming channels for vertical movement of contaminated water and to eliminate all existing cross-connections and prevent all future cross-connections.

NOW THEREFORE, the Pell Lake Sanitary District of the Town of Bloomfield of Walworth County, Wisconsin, does ordain as follows:

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.

This ordinance applies to all wells located on premises served the Pell Lake Sanitary District municipal 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 purpose stated in Section 1 above.

A. "Municipal water system" means a community water system owned by a city, village, county,

town, town sanitary district, utility district or a federal, state, county, or municipal owned

institution for congregate care or correction, or a privately owned water utility serving the

foregoing.

B. "Noncomplying" means a well or pump installation which does not comply with s.NR812.42

Wisconsin Administrative Code, Standards of Existing Installations, and which has not been

granted a variance pursuant to s.NR812.43 Wisconsin Administrative Code.

C. "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.

D. "Unsafe" means a well or pump installation which produces water which is bacteriologically contaminated or exceeds the drinking water standards ofs.NR812.06, Wisconsin Administrative Code, or for which a Health Advisory has been issued by The Department of Natural Resources.

E. "Unused" means a well or pump installation which is not used or does not have a functional pumping system.

F. "Well" means an excavation or opening into the ground made by digging, boring, drilling, driving, or other methods for the purpose of obtaining groundwater for consumption or other use.

G. "Well Abandonment" means the proper filling and sealing of a well according to the provisions of s.NR812.26 Wisconsin Administrative Code.

All wells on premises served by the municipal water system shall be properly abandoned in accordance with Section 6 of this ordinance no 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 Pell Lake Sanitary District under terms of Section 5 of this ordinance.

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 not later than 90 days after connection to the municipal water system. The Pell Lake Sanitary District shall grant a permit to a well owner to operate a well for a period not to exceed 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 Pell Lake Sanitary District, 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 using independent certified contractors 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. The following conditions must be met for issuance or renewal of a well operation permit:

(1) The well and pump installation shall meet or may be upgraded to meet the Standards for Existing Installations described in s.NR812.42, Wisconsin Administrative Code.

(2) The well and pump shall have a history of producing safe water evidenced by at least 2 coliform bacteria samples taken a minimum of 2 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 evidence 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 well water shall not discharge into a drain leading directly to a public sewer utility unless properly metered and authorized by the sewer utility.

(5) The well shall have a functional pumping system and the proposed use of the well water can be justified as reasonable in addition to water provided by the municipal water system.

(6) All private wells within 50 feet of the proposed sanitary sewer be abandoned within 90 days after connection to the municipal water system.

(1) All wells abandoned under the jurisdiction of this ordinance shall be done according to the procedures and methods of s.NR812.26, 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, may be required to obtain a well abandonment permit prior to any well abandonment and notify the clerk in advance of any well abandonment activities. The abandonment of the well may be observed or verified by inspection by 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 completion of the well abandonment.

Any well owner violating any provision of this ordinance shall upon conviction be punished by forfeiture of not less than $100 nor more than $1000 and the cost of prosecution. Each day of violation is a separate offense. If any person fails to comply with this ordinance for more than 30 days after receiving written notice of the violation, the municipality may impose a penalty and cause the well abandonment to performed and the expense to be assessed as a special tax against the property.

This ordinance shall take effect and be in force from and after the 21st day of July, 1997.