This chapter shall be referred to as the Portage County Well Abandonment Ordinance.

(1)

This section is adopted under the authority granted to the County by Wis. Stats. §§ 59.70(6) and 280.21, and Wis. Admin. Code ch. NR 845.

(2)

This section is subject to the provisions of Wis. Stats. §§ 59.70(6) and 280.21, and all rules promulgated thereunder regulating private water systems.

(3)

This section may not be more lenient nor more stringent than the rules promulgated pursuant to Wis. Stats. ch. 280.

(4)

Failure to comply with any of the provisions of such regulations shall constitute a violation of this section, actionable according to the penalties provided herein.

(5)

This section applies to the entire County and includes cities, towns, villages and sanitary districts in the County.

The provisions of this section shall apply to all private water systems within Portage County pertinent to well abandonment and drillhole abandonment.

The purpose of this section is to protect the drinking water and groundwater resources of the County by governing access to groundwater through regulating well abandonment and drillhole abandonment.

The intent of this section is to regulate well abandonment and drillhole abandonment and to provide for administration and enforcement of this section.

This ordinance shall be effective upon its adoption by the Portage County Board of Supervisors.

If any section, provision or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected. The County asserts that there is no liability on the part of the County Board of Supervisors, its agencies, or employees for any health hazards or damages that may occur as a result of reliance upon, and compliance with, this section.

All other County ordinances or parts of ordinances inconsistent or conflicting with this section, to the extent of the inconsistency only, are repealed.

In this section:

(1)

Abandonment means filling and sealing.

(2)

Administrator means the County employee designated by the County Board of Supervisors to administer Wis. Admin. Code ch. NR 812, pertinent to well abandonment and drillhole abandonment in the County as authorized by the Department.

(3)

Central office means the Bureau of Drinking Water and Groundwater, located in Madison, Wisconsin, which functions as the coordinating authority for the statewide water supply program.

(4)

Community water system means designated in Wis. Admin. Code section NR 811.02(7).

(5)

County office staff means County office personnel trained to answer general well abandonment and drillhole abandonment questions.

(6)

Delegation level means Program level, as set forth in Wis. Admin. Code section NR 845.05, at which a County is authorized to administer and enforce Wis. Admin. Code ch. NR 812.

(7)

Department. The Wisconsin Department of Natural Resources.

(8)

Existing installations means designated in Wis. Admin. Code ch. NR 812.

(9)

Health hazard means a condition which constitutes:

(a)

A violation of Wis. Admin. Code ch. NR 812, regarding the installation, construction, operation or maintenance of a private well.

(b)

Confirmed bacteriologically-unsafe well water quality.

(c)

A threat to safety or groundwater quality.

(10)

Noncommunity water system means a public water supply system that is not a community water system. It serves at least 25 persons per day at least 60 days each year. A noncommunity water system commonly serves a transient population rather than permanent year-round residents. This is typically an individual well serving a restaurant, industry, service station, tavern, motel, campground or church.

(11)

Noncomplying well means a private water system not in compliance with all provisions of Wis. Admin. Code ch. NR 812.

(12)

Person means an individual, corporation, company, association, cooperative, trust, institution, partnership, state, public utility, sanitary district, municipality or federal agency.

(13)

Personal interest means having a financial interest in a property or being related by marriage or birth to a person having a financial interest in a property.

(14)

Primary drinking water standards means those maximum contaminant levels, which represent minimum public health standards, set forth in Wis. Admin. Code ch. NR 809.

(15)

Private water system means the water collection, storage and treatment facilities and all structures, piping and appurtenances by which water is provided for human consumption by other than community water systems. For the purpose of this section, it includes noncommunity water systems.

(16)

Private water system ordinance means a County ordinance, approved by the Department, regulating private water systems at the County's authorized delegation level.

(17)

Private well means any drilled, driven point, dug, bored or jetted well constructed for the purpose of obtaining groundwater for potable use, including wells constructed in special well casing depth areas and noncommunity wells. It does not include springs, or private or public wells that require written plan approval from the Department.

(18)

Public water system designated in Wis. Admin. Code ch. NR 811.

(19)

Reconstruction means modifying the original construction of a private well. It includes but is not limited to deepening, lining, installing or replacing a screen, undermining, hydrofracturing and blasting.

(20)

Regional office means the Department office located in Spooner, Wisconsin.

(21)

Variance means approval issued by the Department under Wis. Admin. Code ch. NR 812, allowing a private water system to vary from Wis. Admin. Code ch. NR 812, requirements, if Department approved conditions are met, and if strict compliance with Wis. Admin. Code ch. NR 812, is not feasible.

(22)

Water system means water collection, storage, treatment facilities and all structure, piping and appurtenances by which water is provided.

(23)

Well means designated in Wis. Stats. ch. 162.

(24)

Well construction means procedures, methods, materials and equipment used during the construction or reconstruction of a private well.

It is the County's responsibility to require the proper abandonment (filling and sealing) of wells meeting the criteria of Wis. Admin. Code section NR 812.26(2).

The County shall cooperate with all other governmental units and agencies in the enforcement of all State and local laws and regulations pertaining to matters in this section. In municipalities which administer a local well abandonment ordinance, primary responsibility for well abandonment shall rest with the municipality.

The County Water Quality Specialist is designated to act as the Well Abandonment Ordinance Administrator, and is assigned the duties of administering the private water systems program in accordance with Department rules.

The Administrator shall have the power and duty to enforce the provisions of this section, and all other ordinances, laws and orders of the County and of the State of Wisconsin, which relate to the abandonment of wells and drillholes, at the County's authorized delegation level.

(1)

Qualifications of Administrator. The Administrator shall be informed on the principles and practices of well abandonment and drillhole abandonment.

(2)

Powers of Administrator. The Administrator shall have all the powers necessary to enforce the provisions of this section commensurate with the level or levels of the County's delegated authority including the following:

(a)

In the performance of his or her duties, the Administrator or an authorized assistant may enter, with the permission of the property owner or occupant, any building or property upon presentation of the proper credential, during reasonable hours for the purpose of inspecting the private water system for purposes pertinent to well abandonment and drillhole abandonment. If consent to enter a property for inspection purposes is denied, the Administrator may obtain a special inspection warrant under Wis. Stats. §§ 66.122 and 66.123. No person may interfere with the Administrator or an authorized assistant in the performance of his or her duties.

(b)

Order any person owning, operating or installing a private water system to abandon it, if the well meets one of the criteria listed in Wis. Admin. Code section NR 812.26(2).

(c)

Enforce any County ordinances applicable to private water systems in accordance with Department rules.

(3)

Duties of Administrator. It shall be the duty of the Administrator to enforce the provisions of this section and perform the following duties commensurate with the level or levels of the County's delegated authority.

(a)

Provide the Department with copies of all abandonment inspection forms and correspondence as required by Wis. Admin. Code ch. NR 845.

(b)

Investigate and record all private water system complaints pertinent to well and drillhole abandonment.

(c)

Investigate cases of noncompliance with this section, Wis. Admin. Code ch. NR 812, and Wis. Stats. ch. 280; issue orders to abate the noncompliance, and submit violations to the County Corporation Counsel for enforcement.

(d)

Refer complaints and cases of noncompliance believed to be or known to be beyond the scope of the County's delegation level to the Department.

(e)

Cooperate with all other government units and agencies in the enforcement of all State and local laws and regulations of matters related to this section.

(f)

Assist the Department as specified in Wis. Admin. Code ch. NR 845.

(g)

Refer variance requests and actions, which require Department approval to the Department.

(h)

The Administrator, a trained County inspector or County office staff shall be available for answering questions regarding well abandonment and drillhole abandonment.

The following shall constitute violation(s) of this section:

(1)

Failure to comply with a properly issued order or directive from the County or Department.

(2)

Resisting, obstructing or interfering with actions of the Administrator, or an authorized assistant, or failure to allow these individuals access to a property, undertaken pursuant to this section.

(3)

Failure to comply with any of the following standards:

(a)

Criteria for Abandonment.

1.

The owner shall permanently abandon a well or a drillhole under any of the following conditions unless the Department approves the continued use of the well or drillhole:

a.

The well water is contaminated with biological agents - bacteriological, viral or parasitic—and three attempts at batch chlorination fail to eliminate the problem,

b.

The well (or drillhole) poses a hazard to health or safety, as determined by the Administrator,

c.

The well (or drillhole) construction or well location does not comply with the minimum standards of this chapter,

d.

The well (or drillhole) has been taken out of service or has not been used for three or more years and is not needed by the owner in the immediate future as a source of water for human consumption, sanitary purposes, commercial use or for stock watering. As an alternative, the owner may temporarily abandon the well according to subsecion (c), temporary abandonment requirements, below.

2.

The Department may require the owner to abandon a well or drillhole under the following conditions:

a.

The well water is contaminated with a substance in exceedence of the drinking water standards specified in Wis. Admin. Code section NR 812.06, or

b.

The well was not constructed by the well owner or by a licensed well driller, or

c.

The well has been temporarily abandoned for two or more years.

3.

A well driller or well constructor shall abandon a well or drillhole, which he or she constructed or reconstructed, under the following conditions, except when the Department approves the continued use of the well or drillhole:

a.

The well construction or well location does not comply with the minimum standards of this chapter that were in effect at the time the well was constructed, or

b.

The drillhole is an unsuccessful attempt to construct or reconstruct a well.

4.

The Department may require any person who has abandoned a well not in compliance with this section to return and take corrective action so that the well is abandoned by him or her in a complying manner.

(b)

Requirements for Wells Removed from Service. Any well or drillhole removed from service shall be properly abandoned according to the criteria and procedures in this section except as exempted by Wis. Admin. Code section NR 123.23(3)(c) or by the Department. Any well or drillhole removed from service shall be properly abandoned prior to any demolition or construction work on the property. A well driller or well constructor who removes a well from service shall inform the well owner that the Department requires that any well removed from service be permanently abandoned according to the requirements of this section. A well driller or well constructor shall report any well he or she removes from service on the well construction report for any replacement well he or she constructs on the property.

(c)

Temporary Abandonment Requirements. Any well to be temporarily abandoned shall meet the minimum requirements of this chapter and shall be able to produce a bacteriological safe water sample, if the well is potable. When a well is temporarily abandoned, the owner shall notify the County. To temporarily abandon a well, the top of the well casing pipe shall be sealed with a watertight cap threaded onto the top of the well casing pipe or drive pipe or with a steel plate welded watertight to the top of the well casing pipe. If the pump or well seal is watertight, the pump may be left in place.

(d)

Well or Drillhole Casing Pipe. The well casing pipe or drillhole casing pipe shall be left in place when a well or drillhole is permanently abandoned, except under section 1., 2., 3., 4. or 5. below, and only if the well or drillhole is sealed as the well casing pipe is pulled; and if any concrete or neat cement grout that settles in the drillhole is replaced.

1.

The well casing pipe may be removed from a dry drillhole and reinstalled in a well on the same property within 30 days of original drillhole construction.

2.

The well casing pipe may be removed from a well or drillhole as part of reconstruction ordered or requested by the Department. The well casing pipe may only be reinstalled on the same property, if the reconstruction takes place within 120 days of the original construction.

3.

The well casing pipe may be removed from a dewatering well or a drillhole. Such well casing pipe may only be reused for dewatering wells.

4.

The well casing pipe may be removed from a recently constructed well or drillhole and reused, if the well casing pipe is inspected and approved for reuse by a Department representative.

5.

The well casing pipe may be removed from a well or a drillhole, if the well or drillhole is completely filled with the abandonment material before the well casing pipe is pulled.

(e)

Pre-abandonment Requirements.

1.

All debris, pumps, piping, ungrouted liner pipe and any other obstruction, which can be presumed, or is known, to be in the well or drillhole, shall be removed, if possible before the well or drillhole is permanently abandoned.

2.

In a badly fractured or highly permeable geologic formation, sodium bentonite drilling mud may be circulated in the drillhole or in the well prior to commencement of permanent abandonment procedures.

3.

The sealing material to be used in permanently abandoning a well or drillhole between two and one-half inches and 30 inches in diameter shall be placed through a conductor (tremie) pipe or by means of a dump bailer except when approved chipped bentonite is used. Conductor (tremie) pipe used shall be any of the following:

a.

Metal pipe, or

b.

Rubber-covered hose reinforced with braided fiber or steel and rated for at least 300 psi, or

c.

For use at depths less than 100 feet, thermoplastic pipe rated for at least 100 psi including:

i.

Polyvinyl chloride (PVC),

ii.

Chlorinated polyvinyl chloride (CPVC),

iii.

Polyethylene (PE),

iv.

Polybutylene (PB), and

v.

Acrylonitrile butadiene styrene (ABS).

4.

The bottom end of the conductor pipe shall be submerged in the sealing material at all times. A conductor pipe shall also be used for wells or drillholes greater than 30 inches in diameter, if water remains trapped above the sealing material as it is applied.

5.

The flow from a flowing well or drillhole shall be reduced as much as possible with a packer, or by extending the well casing pipe, or by other approved means, before the well is permanently abandoned.

6.

Abandonment of wells or drillholes with inadequate grouting or sealing of the annular space outside the well casing pipe shall be performed to ensure complete sealing of the annular space. Techniques are situation dependent and may include reaming a new annular space outside the well casing pipe, use of pressure grouting methods or perforation of the well casing pipe.

7.

The well casing pipe and abandonment material may be terminated as much as three feet below the ground surface or to a depth below any future building foundation at the time of permanent abandonment.

Appeal of a decision of an authorized agent on the behalf of the Administrator shall be made by written letter of appeal to the Administrator, who may uphold or modify the decision. Appeal of a decision of the Administrator shall be by written letter of appeal to the Planning and Zoning Director, who may uphold or modify the decision

If the decision of the Planning and Zoning Director is not satisfactory to the appellant, the Administrator shall place the appeal on the agenda of the County Planning and Zoning Committee and the appeal shall be given a due process proceeding in accord with s. Wis. Stats. § 59.69(2)(e). The Committee shall decide whether to uphold, uphold with modifications, or reverse the Administrator's decision based upon the terms and intent of this section and of relevant statutes and administrative rules. No appellate decision of the Committee shall have the effect of approving an existing or proposed condition that would violate this section or State law or administrative rule. Appeals that may only be approved by the granting of a variance to the requirements of Wis. Admin. Code ch. NR 812, shall be referred to the Department pursuant to Wis. Admin. Code section NR 845.09(11)(b). Appellate decisions shall be made in writing and shall be provided to the appellant and shall be filed in the Planning and Zoning Department office.

(1)

Field Directive. The Administrator, after investigation and a determination that a violation exists, may issue a written field directive. This field directive may consist of a handwritten note on an inspection report, or similar paper, identifying the violation that has occurred and assigning a date by which the violation must be corrected, and shall include the inspector's name, telephone number and office address.

(2)

Formal Directive. A formal letter may be issued, which states: the violation, the ordinance (or administrative rule or statutory) section violated, the date the violation was noted, the name of the inspector who noted the violation, and the date by which the correction must be made.

(3)

Correction Order. Upon discovery and after documentation of a violation, the Administrator may issue a corrective order. The Administrator may use a stepped enforcement procedure by issuing a directive before an order or may proceed directly to issuing a correction order. An order shall include the following:

(a)

The location of the violation (site).

(b)

The names of the parties involved such as the, owner, permittee, well constructor, or pump installer.

(c)

The section of this ordinance and/or Wisconsin Administrative Code section(s) violated.

(d)

The date of inspection of the site where the violation occurred.

(e)

The name of the person who conducted the inspection which revealed the violation.

(f)

The date by which the correction must be completed.

(g)

The name of the person who must be contacted regarding subsequent inspection to verify compliance.

(h)

A statement that, if the order is not complied with, the Administrator will refer the violation to the County Corporation Counsel with a recommendation to seek injunctive relief and/or forfeitures from the Circuit Court of Portage County. Orders must be signed by the Administrator of the private water system ordinance.

(i)

Orders shall be served on the property owner by first class mail (with affidavit of mailing), certified mail, or, where appropriate, the Administrator may request the Portage County Sheriff to serve any particular order.

(j)

The Administrator shall report all orders, which have not resulted in compliance, to the County Corporation Counsel for enforcement.

The provisions of this section shall be enforced under the direction of the County Board of Supervisors, through the County Planning and Zoning Committee, the Administrator, and County law enforcement officers.

(1)

An enforcement action may be brought by the County Corporation Counsel against a person or persons for any of the following violations:

(a)

Failure to comply with any provision of this section.

(b)

Failure to comply with any directive or order issued by the Administrator.

(c)

Resisting, obstructing or interfering with actions of the Administrator, or an authorized assistant, undertaken pursuant to this section.

(2)

The County Corporation Counsel may, for any violation, seek:

(a)

Injunctive relief, and/or,

(b)

Forfeitures of not less than $50.00 per day per violation, nor more than $500.00 per day per violation, together with the costs of any enforcement action. Each day of violation shall constitute a separate offense. The court may utilize any lawful authority to compel enforcement of this section, including contempt.

(3)

Any person who has the ability to pay any forfeiture entered against him or her under this section, but refuses to do so, may be confined in the County Jail until such forfeiture is paid, but in no event to exceed 30 days. In determining whether an individual has the ability to pay a forfeiture imposed under this section, all items of income and all assets may be considered regardless of whether or not the income or assets are subject to garnishment, lien or attachment by judgment creditors under the laws of this State.

(Res. No 294-2008-2010, 3-16-2010)