VILLAGE OF ELLSWORTH: ORDINANCE NO. 628

AN ORDINANCE TO CREATE SECTION 11.073 AND AMEND SECTIONS 11.07 AND 13.041 OF THE MUNICIPAL CODE OF THE VILLAGE OF ELLSWORTH

WHEREAS, the Wisconsin Department of Natural Resources has assisted in development of a model Ordinance for cross-connection control and for well abandonment and well operation permitting, and has made amendments to the Administrative Code concerning protection of public water systems from contamination due to back flow of contaminants, abandonment of wells and the establishment of a permitting system for complying wells; and

WHEREAS, the Village Board of the Village of Ellsworth deems it expedient and necessary to modify its Ordinances to adopt the most current DNR regulations;

NOW THEREFORE, the Village Board of the Village of Ellsworth does hereby ordain as follows:

Section 1. Section 11.07(3) is hereby amended to add the following thereto: “The application shall be made in accordance with Section 11.073(4).”

Section 2. Sections 11.07(4)(a) thru (d) is hereby repealed.

Section 3. Section 11.07(4)(e) is hereby renumbered and retitled as follows: 11.07(4) Penalty. The word “Ordinance” in said Subsection is hereby changed to read “Section”.

Section 4. Section 11.073 is hereby created to read as follows:

“11.073 Well Abandonment And Well Operation Permit

(1) 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.

(2) Applicability. This Section applies to all wells located on premises served by the Village of Ellsworth 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 purposes stated in (1) above.

(3) Definitions.

A. “Municipal water systems” 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.

B. “Noncomplying” means a well or pump installation which does not comply with S. NR812.42, Wisconsin Administrative Code, Standards for Existing Installations, and which has not been granted a variance pursuant to s. NR 812.43, 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, pit less adapters, pressure tanks, pits, sampling faucets and well seals or caps.

D. “Unsafe” well or pump installation means one which produces water which is bacteriologically contaminated or contaminated with substances which exceed the drinking water standards of chs. NR 140 or 809, Wisconsin Administrative Code, or for which a Health Advisory has been issued by the Department of Natural Resources.

E. “Unused” well or pump installation means one which is not used for or does not have a functional pumping system.

F. “Well” means 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.

G. “Well abandonment” means the proper filling and sealing of a well according to the provisions of s. NR812.26, Wisconsin Administrative Code.

(4) Abandonment Required. All wells on premises served by the municipal water system shall be properly abandoned in accordance with sub. (6) of this Section no later ninety 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 Village of Ellsworth under terms of sub. (5) of this Section.

(5) 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 90 days after connection to the municipal water system. The Village of Ellsworth 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 Village of Ellsworth 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. All initial and renewal applications must be accompanied by a fee as is established from time-to-time by resolution of the Village Board.

2. The following conditions must be met for issuance or renewal of a well operation permit:

A. The well and pump installation shall meet the Standards for Existing installations described in s. NR 812.42, Wisconsin Administrative Code.

B. The well and pump shall have a history of producing safe water evidenced by at least 1 coliform bacteria sample. In areas where the Department of Natural Resources has determined that ground water aquifers are contaminated with substances other than bacteria, additional chemical tests may be required to document the safety of the water.

C. There shall be no cross-connections between the well’s pump installation or distribution piping and the municipal water system.

D. 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.

E. The private well shall have a functional pumping system.

F. The proposed use of the private well shall be justified as reasonable in addition to water provided by the municipal water system.

(6) Abandonment Procedures.

1. All wells abandoned under the jurisdiction of this Section shall be done according to the procedures and methods of s. 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 shall notify the Public Works Director and Village Clerk in writing at least 7 days in advance of any well abandonment activities. The abandonment of the well shall 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.

(7) Penalties. Any well owner violating any provision of this Section shall upon conviction be subject to forfeiture of not less than $500.00 nor more than $1,000.00 together with the costs 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 Village may cause the well abandonment to be performed and the expense to be assessed as a special tax against the property.”

Section 5. Section 13.041 is repealed and recreated to read as follows:

“13.041 Cross Connection Control

(1) Definition of Cross Connection. A cross connection is defined as any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the Village of Ellsworth’s public water system, and the other of which contains water from a private source, water of unknown or questionable safety, or steam, gases, or chemicals, whereby there may be a flow from one system to the other, with the direction of flow depending on the pressure differential between the two systems.

(2) Unprotected Cross Connection Prohibited. No person, firm, or corporation may establish or maintain, or permit to be established or maintained, any unprotected cross connection. Cross connection shall be protected as required in ch. SPS 382, Wisconsin Administrative Code.

(3) Inspection. The water utility may inspect, or arrange for an inspection of, property served by the public water system for cross connections. As an alternative, the water utility may require a person, firm, or corporation who owns, leases or occupies property to have their plumbing inspected, at their own expense by a State of Wisconsin Certified Cross Connection Inspector/ Surveyor. The frequency of inspections shall be established by the water utility in accordance with Wisconsin Administrative Code. Any unprotected cross connections identified by the inspection shall be promptly corrected. Failure to promptly correct an unprotected cross connection shall be sufficient cause for the water utility to discontinue water service to the property, as provided under sub (6) of this Section.

(4) Right of Entry. Upon presentation of credentials, a representative of the water utility shall have the right to request entry, at any reasonable time, to a property served by a connection to the public water system for the purpose of inspecting the property for cross connections. Refusing entry to such utility representative shall be sufficient cause for the water utility to discontinue water service to the property, as provided under sub (6) of this Section. If entry is refused, a special inspection warrant under Wis. Stats. Sec. 66.0119, may be obtained.

(5) Provision of Requested Information. The water utility may request an owner, lessee, or occupant of property served by a connection to the public water system to furnish the water utility with pertinent information regarding the piping systems on the property. Refusing to provide requested information shall be sufficient cause for the water utility to discontinue water service to the property, as provided under sub (6).

(6) Discontinuation of Water For Violation. The water utility may discontinue water service to any property wherein any unprotected connection in violation of this Section exists, and take other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service may be discontinued, however, only after reasonable notice and opportunity for hearing under Chapter 68, Wisconsin Statutes, except as provided in sub (6). Water service to such property shall not be restored until the unprotected cross connection has been eliminated.

(7) Emergency Discontinuance. If it is determined by the water utility that an unprotected cross connection or emergency endangers public health, safety, or welfare, and requires immediate action, and if a written finding to that effect is filed with the Village Clerk and delivered to the customer’s premises, water service may be immediately discontinued. The customer shall have an opportunity for hearing under Wis. Stats. Chapter 68, within 10 days of such emergency discontinuance. Water service to such property shall not be restored until the unprotected cross connection has been eliminated.

(8) Penalty. Any well owner violating any provision of this Section shall upon conviction be subject to forfeiture of not less than $500.00 nor more than $1,000.00 together with the costs 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 Village may cause the well abandonment to be performed and the expense to be assessed as a special tax against the property.”

Section 6. Section 11.50 is hereby amended to add the following words at the beginning thereof: “unless otherwise provided in any Section of this Chapter,”.

Section 7. Section 13.09 is hereby amended to add the following words at the beginning thereof: “unless otherwise provided in any Section of this Chapter,”.

Section 8. This Ordinance shall take effect upon passage and publication.

Passed and adopted November 5, 2012

VILLAGE OF ELLSWORTH

/s/ Gerald DeWolfe, President

Attest: /s/ Peggy Nelson, Clerk

(Pub. 11/14/12) WNAXLP

Tags: public notices, general legals, ellsworth