[Ord. No. 499-89 §§1 —
10, 5-15-1989]
A. All
springs, wells or other sources of water supply within the City of
Kearney, Missouri, not owned by the City shall obtain a license before
operation.
B. An
application for the issuance of such license shall be made prior to
any work being done on such well or other source of water. Such application
shall set forth the reasons why such well license is sought and the
need for such additional source of water and shall provide for agreement
by such prospective licensee to comply with all rules and regulations
set forth under this Chapter.
C. Such
license, if granted, shall allow the licensee to pump not more than
two hundred fifty (250) gallons per minute from said well or other
water source subject, however, to the following:
If the City determines that the static water level of the City
well closest to the licensed well drops four (4) feet or more when
licensed well is pumping, then the licensee upon being notified in
writing by the City shall immediately throttle the pump or cease pumping
on the licensed well so as to reduce said static water drop at the
closest City well to within the four (4) feet drop which is allowed
by the Chapter.
D. The
licensee shall be required to keep accurate daily records which shall
be supplied to the City upon demand to show:
1. The amount of time pumping occurs;
3. The total gallonage pumped by said licensee;
4. The static water level of said licensed well both when and when not
pumping; or
5. The purity of the water sold or supplied from said pump.
E. The
licensee shall have received and shall maintain during the entire
period of their license all required licenses, permits and other authorizations
that may be required by the State or Federal Government.
F. Such
license shall be issued for a period of five (5) years conditioned
on payment of an initial and annual license fee of one dollar ($1.00)
per year due on the anniversary of the issuance of such license.
G. In
the event the licensee:
1. Does not pay the annual license fee;
2. Does not maintain permits, licenses or authorizations required by
the State or Federal Government;
3. Fails to immediately throttle their pump or cease pumping as directed
by the City as above required;
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they shall be in violation of this Chapter.
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H. Any
licensee found guilty of a violation of the provisions of this Chapter
shall be punished by a fine of five hundred dollars ($500.00). Each
day that a violation occurs shall constitute a separate ordinance
violation and may be fined as such. In addition to any such fine,
the Board of Aldermen, upon giving reasonable notice to the licensee,
may have a hearing to determine whether such license shall be revoked.
I. In
addition to all other remedies above mentioned, in the event such
licensee fails to comply with the order of the City to throttle their
pump or cease pumping, the City may institute any appropriate action
or proceeding to prevent the continuation of such operation in violation
of the terms of the Chapter and seek appropriate injunctive relief
from the Circuit Court of Clay County, Missouri.