CITY OF HUDSON: ORDINANCE NO. 11-12 - WELL ABANDONMENT and WELL OPERATlON PERMITSection 242-9 of the Hudson City Code is amended to read as follows:
Section 242-9 of the Hudson City Code is amended to read as follows:
Wisconsin Administrative Code Ch. NR 811.13 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. To that end the City Council of the City of Hudson, St Croix County, Wisconsin, does ordain as follows:
SECTION 1: PURPOSE
The purpose of this ordinance 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.
SECTION 2: APPLICABILITY
This Ordinance applies to all wells located on premises served by the Hudson Water Utility, 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.
SECTION 3: DEFINITIONS
A. “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.
B. “Noncomplying” means a well or pump installation which does not comply with s. NR 812.42, 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, pitless 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 or does not have a functional pumping system.
F. “Well” means a drillhole 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. NR 812.26, Wisconsin Administrative Code.
SECTION 4: ABANDONMENT REQUIRED
All wells on premises served by the municipal water system shall be properly abandoned in accordance with Section 6 of this ordinance by 12/31/2012 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 Hudson Water Utility under terms of Section 5 of this ordinance.
SECTION 5: 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 (Ninety) days after connection to the municipal water system. The Hudson Water Utility 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 Hudson 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 Clerk. All initial and renewal applications must be accompanied by a fee of $100, to cover the cost of Inspection.
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 s. NR 812.42, Wisconsin Administrative Code.
(2) The well and pump shall have a history of producing safe water evidenced by at least 1 coli form bacteria sample. 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) That the well and pump system be evaluated by a licensed well driller or pump installer and certified to comply with ch. NR 812 sub ch. IV, prior to issuing the initial permit and no less than every 10 years afterwards.
(5) The water from the private well shall not discharge into a drain leading directly to a public sewer utility unless properly metered or authorized for a flat rate fee structure established by the sewer utility.
(6) The private well shall have a functional pumping system.
(7) The proposed use of the private well shall be justified as reasonable in addition to water provided by the municipal water system.
SECTION 6: ABANDONMENT PROCEDURES
(1) All wells abandoned under the jurisdiction of this ordinance 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, or the owner’s agent, is 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 (Thirty) days of the completion of the well abandonment.
SECTION 7: PENALTIES
Any well owner violating any provision of this ordinance shall upon conviction be punished by forfeiture of not less than $100 nor more than $1,000 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 be performed and the expense to be assessed as a special tax against the property.
Dated this 17th day of September, 2012.
APPROVED: /s/ Richard F. Vanselow, Council President
ATTEST: /s/ Nancy J. Korson, City Clerk
(Pub. September 27, 2012)