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ORD1995861COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #861 AN ORDINANCE TO AMEND CHAPTER 28, SECTION 28.04(17), SECTION 28.05(4)(a) & SECTION 28.05(4)(f), OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (WATER UTILITY ORDINANCE) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 28, Section 28.04(17) of the Municipal Code of the City of Muskego, Wisconsin, is hereby amended to add the following: (17) After reasonable notice, water service shall be denied or discontinued to any premises where an Administrative Code Chapter ILHR 82 and any subsequent unprotected cross-connection exists. Wisconsin changes to said Code are hereby adopted by reference. SECTION 2: Chapter 28, Section 28.05(4)(a) of the Municipal Code of the City of Muskego, Wisconsin, is hereby amended to read as follows: 0 (a) Since it is recognized that the entire private water supply in the City has the potential for pollutions, the building distribution system upon connection to the Municipal Water System shall be completely severed shall be restructured to be used only for sprinkling from the private well. Thereafter, such private well lawns, washing cars and other outside uses not of the requirements of Wisconsin Administrative Code involving human consumption and shall comply with all NR 812 and any subsequent changes to said Code. If such private well does not test "safe" according to standards of the State Department of Natural Resources and Waukesha County Health Department, such well shall be permanently sealed and abandoned in accordance with Wisconsin Administrative Code NR 812.26 and any subsequent changes to said Code. The bacteriological consecutive safe samples taken a minimum of two weeks sampling shall consist of obtaining a minimum of two apart prior to issuing or reissuing the permit. SECTION 3: Chapter 28, Section 28.05(4)(f) of the Municipal Code of the City of Muskego, Wi'sconsin, is hereby amended to read as follows: (f) Permit Procedure for Wells. Wells will be permitted to be constructed or existina wells will be Dermitted W conditions: to be continued to be used oAly under the foilowing Ordinance #861 Page 2 1. 2. 3. New wells must be located in an area where municipal water service is not available and cannot readily be made available. Owner or applicant applies to the City and Utility and receives a permit for the construction of the new well or continued use of an existing well. The well is in complete conformity with State and local regulations and codes including, but not limited to, Wisconsin Administrative Code NR 812 and any subsequent changes to said Code. The owner of the well, before it will be permitted to be put into human use and consumption and before the owner will be allowed to continue use of an existing well, will furnish to the City and the Utility test results verified by a certified testing laboratory that said well water is bacteriologically safe. SECTION 4: The several sections of this ordinance are declared declared by a decision of a court of competent jurisdiction to be to be severable. If any section or portion thereof shall be only to the specific section or portion thereof directly specified invalid, unlawful, or unenforceable, such decision shall apply in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinance whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 5: This ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS 14TH DAY OF MARCH , 1995. C-Kw DAVI-D-L. DE GELIS, Mayor ATTEST : Km& JIN K. MARENDA, Clerk First reading 2-28-95 Published on the 23rd day of March, 1995. 2/95daf U STATE OF WISCONSIN ) Milwaukee County ) ) ss. ofthe M Wiacont cpnditions: " ~ JUDITH ZIOLKOWSKl being duly sworn, dolh depose and say that he is an authorized represenlative of The.. .h-!%~L% SUN.. ............ Wisconsin and that an advertisement of which the annexed is a true copy, taken from said paper, was published therein on a newspaper published at . !$-!$KGO .... .. ... .. ... .... .. ... .... ...... ...... .... ...... .. .' . (Signed). BOOKKEEPER, Subscribed and day of ... My Commission expires . A.P.R.1.L 6 I 9 97 ..... -~ ... 1. New wells must be located in an area where municipal water serpi~ is not avail. able and cannot readily be made available. 2. Owner or applicant applies to the Cit, end Utility and receivee a permit for the con. sttuction of the new well or continued uie of an existing well. State and fwd regulations and codes includ. 3. The well is in complete conformity with ing, but not limited 6,' Wiscoiein A&,& Changes to said Code. The owner of the well, strative Code NR 812 and my arbsequent before it will be permitted to be put kt., hu- owoerwillbeallowedto~ntinue~eoranex- man use and ocnsumption and before the ieting welt will huniah to the City end the ing laboratory that said well water is bader- Utility test resdtsverified by a cedified test- iologically safe. SECTION 4 The several sections of this ordinance are declared to be severeble. Wany a decision ofa murt ofcompetent jurisdiction Section or portion thereof shall be declared by b be invaIid. unlawful. or unenforceable, such decision shall apply only to the spec& section~rportiontbereofdirectlyepedf~di~ Other Provisions. sections, apportion thereof the derjaion, and not affed the validity of the ordinance which shell remain in force and '&e&. Any other ordinank whwe this ordinance are hereby repealed ash those terms in conflict with the pmvisions of terns that conflict. SECTION5:Thiaordinaneeshallbeinfull IoreeandeffectfromandaReritspassageaod publicatiod. DAY OF MARCH. 1995. PASSE0 AND APPROVED TMS 14th