THE COMMON COUNCIL OF THE CITY OF NEW RICHMOND DOES ORDAIN AS FOLLOWS:
The following section shall be amended as follows:
Sec. 86-135. Private well abandonment.
(a) Purpose. The purpose of this section is to prevent contamination of groundwater and to protect public health, safety and welfare by assuring that unused, unsafe or noncomplying wells, or wells which may serve as conduits for contamination, or wells which may be illegally cross-connected to the municipal water system, are properly abandoned.
(1) All wells within the corporate limits of the City of New Richmond which are in unusable condition, unsafe or which do not comply with Wis. Admin. Code, Chapter NR 812, or which may serve as conduits for groundwater contamination, shall be abandoned in accordance with this section by December 31, 1990, (or within one year after connection to the municipal system becomes available) unless a well operation permit has been granted pursuant to Subsection (c) below.
(2) Premises where municipal water service is not available are exempt from this section.
(3) Where feasible, non-complying wells and pump installations may be upgraded to comply with Wis. Admin. Code, Chapter NR 812. A private well may be temporarily abandoned under provisions of [Wis. Admin. Code] Chapter NR 812. A well constructed for potable use may not be considered a nonpotable well to avoid the applicability of this section.
(4) If water from a private well is known to produce water which exceeds a Department of Natural Resources (DNR) health advisory, a primary standard in [Wis. Admin. Code] Chapter NR 809 or an enforcement standard in Wis. Admin. Code, Chapter NR 140, a well operation permit shall not be issued without approval of the Department of Natural Resources.
(5) All illegal cross connection exists where a private well is connected to a plumbing system which is also connected to the municipal system. Wis. Admin. Code, Chapters COMM 82 and NR 811, prohibit such connections.
(c) Well operation permits. A permit may be granted to a well owner to operate a private well for a period not to exceed five years. At the end of a permit period, the well owner may apply for a renewal of a permit upon submittal of updated information necessary for a permit application. The City of New Richmond may conduct inspections or have water quality tests conducted at the applicant's expense to obtain or verify information necessary for consideration of a permit. Permit applications shall be made on forms provided by the Clerk-Treasurer. The following requirements must be met before a well operation permit is issued:
(1) The well has a functional pumping system and its use can be justified in addition to water provided by the public water system.
(2) The well has a history of producing bacteriological safe water and presently produces bacteriological safe water as demonstrated by providing a copy of the results of a water sample analyzed at a state certified laboratory within three months preceding the request for well operation permit or permit renewal.
(3) The well and pump installation meets the requirements of Wis. Admin. Code, Chapter NR 812, as certified by a Department of Natural Resources licensed well driller or pump installer or by Department of Natural Resources staff evaluation.
(4) No physical connection exists between the piping of the public water system and the private well.
(5) A fee of $25.00 is paid to the City of New Richmond for processing a permit.
(d) Abandonment methods. Wells shall be abandoned according to the procedures outlined in Wis. Adm. Code, Chapter NR 812. The pump and piping must be removed and the well checked for obstructions prior to abandonment. Any obstruction or liner must be removed, if possible. Filling with unapproved materials or use of unacceptable procedures is prohibited.
(e) Report and inspection. An Abandonment Report Form, Department of Natural Resources No. 3300-005, is available at the Clerk-Treasurer's office and must be submitted to the Clerk-Treasurer within ten days of abandonment completion. Forty-eight-hour advanced notice of well abandonment work must be provided to the Clerk-Treasurer so the filling may be observed by a representative of a municipality. The Clerk-Treasurer shall send a copy of Form 3300-005 to the appropriate Department of Natural Resources district office within ten days of receipt of the completed form.
(f) Penalties. A person, firm or other well owner violating any provision of this section shall, upon conviction, be punished by forfeiture as prescribed in Section 1-7, together with the cost of prosecution. Each day during which a violation exists shall be deemed and constitute a separate offense. If any person fails to comply with this section for more than ten days after notice in writing, the City may impose a penalty or may cause the abandonment to be done and the expense thereof shall be assessed as a special tax against the property.
This ordinance shall take effect immediately upon passage and publication as provided by law.
Passed and approved: July 13, 2009
Published and effective: July 23, 2009
David Schnitzler, Mayor
ATTEST: Joseph Bjelland, City Clerk/Treasurer