ORD20101334-Wells
STATE OF WISCONSIN CITY OF MUSKEGO WAUKESHA COUNTY
ORDINANCE NO. 1334
AN ORDINANCE TO CREATE REGULATIONS TO ENSURE
COMPLIANCE WITH ADMINISTRATIVE REGULATIONS
OF THE WISCONSIN DEPARTMENT OF NATURAL RESOURCES
FOR PRIVATE WATER SUPPLY WELLS IN THE CITY OF MUSKEGO
WHEREAS, the State of Wisconsin Department of Natural Resources (Department) has
promulgated Administrative Rules for the protection of the public and the public resources of the
State, and,
WHEREAS, NR 812.12 of the Wisconsin Administrative Code mandates that every
water supply well must be planned and constructed so that it will be adapted to the geologic and
groundwater conditions of the proposed well site to ensure full utilization of every natural
protection against contamination of the water bearing formation or formations and to exclude
possible sources of contamination, produces bacteriologically safe water, and provides an
adequate and contaminant free water supply, where the natural geologic and groundwater
conditions allow, and,
WHEREAS, as authorized by law, the Department’s Bureau of Drinking Water and
Groundwater has identified certain Special Well Casing Pipe Depth Areas throughout the State
where the known potential of groundwater contamination exists, and
WHEREAS, within each individual Special Well Casing Pipe Depth Area the
Department has developed construction standards for drilled wells in each of the Special Well
Casing Pipe Depth Area, and,
WHEREAS, the Department has identified a specific portion of the City of Muskego as
within a Special Well Casing Pipe Depth Area, and,
WHEREAS, the Department has requested that the City take measures to ensure that the
special regulations for compliance with Department requirements be formally taken, and,
WHEREAS, the Common Council wishes to insure that all drinking water in the City is
safe.
NOW, THEREFORE, the Common Council for the City of Muskego, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1 Section 16.08(1) of the City of Muskego Code shall be repealed and recreated to
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read as follows:
16.08(1) Permit shall be granted or denied in writing by the Building Inspection
Department, within 15 days of application except as provided in
subsections 16.11 (2).
SECTION 2: Section 16.11 of the City of Muskego Code shall be repealed and recreated to
read as follows:
16.11(1) Upon the completion of the installation, alteration or repair of any water,
drainage or disposal system before it is to be hidden from view, the permit
holder doing the same shall notify the Building Inspection Department and
they shall inspect and test the installation within a reasonable time after
such notice is received. If, upon inspection and test, it is found that such
installation is fully in compliance with this Chapter and does not constitute
a hazard to life, health or property, he shall approve the same and
authorize concealment of such systems for service. If the installation is
incomplete or not strictly in accordance with this Chapter, he shall issue
orders to the person installing the same to remove all hazards and make
the necessary changes or additions within 10 days. Concealment of work
before inspection or failure to comply with the order of the Inspector shall
constitute an offense punishable in accordance with the provisions of this
Chapter.
16.11(2) Prior to the installation, alteration or repair of any private water supply
well located within any Special Well Casing Pipe Depth Area designated
by the Wisconsin Department of Natural Resources under NR 812.12(3)
Wis. Admin. Code, the applicant must contact the Wisconsin Department
of Natural Resources to obtain and implement all Department construction
requirements. Applicant shall provide a copy of the Department
construction requirements to the Building Inspection Department, which
shall then grant or deny the permit within 15 days.
16.11(3) Upon the completion of the installation, alteration or repair of any private
water supply well located within any Special Well Casing Pipe Depth
Area designated by the Wisconsin Department of Natural Resources under
NR 812.12(13) Wis. Admin. Code, prior to the Building Inspection
Department inspection required in Section 16.11(1), the water from the
well shall be sampled and tested for volatile organic compounds using
EPA method 502.2 or 524.2 and the results sent to the Department.
16.11(4) No occupancy permit may be issued under §2.03 of the City Zoning
Ordinance and no well will be used for potable water until the Building
Inspection Department is satisfied that all requirements of NR ch. 812
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have been met.
SECTION 3: Section 30.12(1)(a) shall be repealed and recreated to read as follows:
The Building Inspector shall make a final inspection of all new buildings,
additions and alterations. If no violations of this or any other ordinance can be
found the Building Inspector shall issue a certificate of occupancy, stating the
purpose for which the building is to be used \[see also 30.10(7)(a) and
30.07(5)(a)\], except that no occupancy certificate may be issued for any building
in the City until the plumbing inspector has verified compliance with the
provisions of §16.11 of the City of Muskego Code.
SECTION 4: SEVERABILITY.
The several sections of this ordinance are declared to be severable. If any section or portion
thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or
unenforceable, such decision shall apply only to the specific section or portion thereof directly
specified in the decision, and shall not affect the validity of any other provisions, sections or
portions thereof of the ordinance. The remainder of the ordinance shall remain in full force and
effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance
are hereby repealed as to those terms that conflict.
SECTION 5: EFFECTIVE DATE.
This ordinance shall take effect immediately upon passage and posting or publication as
provided by law.
TH
This ordinance passed this 26 day of OCTOBER 2010.
CITY OF MUSKEGO
______________________
John Johnson, Mayor
First Reading: 10/12/2010
ATTEST:
________________________
Sharon Mueller, Clerk
Notice of Newly Enacted Ordinance Published: Nov. 4, 2010
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