Chapter 13.10
PRIVATE WELL ABANDONMENT

Sections:

13.10.010    Purpose.

13.10.020    Applicability.

13.10.030    Abandonment required.

13.10.040    Well operation permit.

13.10.050    Abandonment procedures.

13.10.060    Penalties.

13.10.010 Purpose.

The purpose of this chapter is to prevent unused and/or improperly constructed wells for serving as the passage for contaminated surface or near surface water, or other materials to reach the usable ground water, and to prevent the illegal cross connection to the municipal water system, where available. These wells must be properly filled and sealed. It is the intent of this chapter that this shall only refer to properties located within Sanitary District No. 3 of the Town of East Troy, and this chapter is meant to benefit such district. (2008 code § 11.09(1))

13.10.020 Applicability.

This chapter applies to all wells located on premises served by the Sanitary District No. 3 municipal water system. (2008 code § 11.09(2))

13.10.030 Abandonment required.

All wells located on premises served by Sanitary District No. 3 shall be abandoned in accordance with the terms of this chapter and Chapter NR 812, Wisconsin Administrative Code, no later than one year from the date of connection to the municipal water system, or from the date of the ordinance codified in this chapter, whichever occurs last, unless a well operation permit has been obtained by the well owner from Sanitary District No. 3. (2008 code § 11.09(3))

13.10.040 Well operation permit.

Sanitary District No. 3 may grant a permit to a private well owner to operate a well for a period of 10 years, such permit to be renewable, provided the conditions of this chapter are met. An owner may request renewal of a well operation permit by submitting information verifying that the conditions of this chapter are met to the Commissioners of the District. The District, or its agent, shall conduct physical inspections and/or have water quality tests, or both, conducted at the permit 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 District. The following conditions must be met for issuance or renewal of a well operation permit:

1.    The well and pump installation meet or are upgraded to meet the requirements of Chapter NR 812, Wisconsin Administrative Code.

2.    The well construction and pump installation have a history of producing bacteriological safe water as evidenced by at least two samplings taken at a minimum of two weeks apart. No exception to this condition may be made for unsafe wells, unless the Department of Natural Resources approves, in writing, the continued use of the well.

3.    There are no cross connections between the well and pump installation and the municipal water system.

4.    The proposed use of the well and pump installation can be justified as being necessary in addition to water provided by a municipal water system. The well owner’s current use or future intended use of the well shall be set forth in detail on the forms provided by the District. (2008 code § 11.09(4))

13.10.050 Abandonment procedures.

All wells abandoned under the jurisdiction of this chapter or rule shall be abandoned according to the procedures and methods of Chapter NR 812, Wisconsin Administrative Code. All debris, pump, piping, unsealed liners, and any other obstructions which may interfere with the sealing operations shall be removed prior to abandonment.

The owner of the well or the owner’s agent shall notify the clerk at least 48 hours prior to commencement of any well abandonment activities. The abandonment of the well shall be observed by a representative of Sanitary District No. 3.

An abandonment report form, supplied by the Department of Natural Resources, shall be submitted by the well owner to Sanitary District No. 3 and the Department of Natural Resources within 10 days of the completion of the well abandonment. Abandonment forms can be obtained from the Department of Natural Resources, Bureau of Waste Management, P.O. 7921, Madison, WI 53707-7921. (2008 code § 11.09(5))

13.10.060 Penalties.

Any well owner violating any provision of this chapter shall, upon conviction, be punished by forfeiture of not less than $10.00 per day, nor more than $250.00 per day, and the cost of prosecution. Each day a violation occurs is a separate offense. If any person fails to comply with this chapter for more than 30 days after receiving notice of the violation, the municipality may impose a penalty and cause the well abandonment to be performed and the expense thereof to be assessed as a special tax against the property. (2008 code § 11.09(6))