[HISTORY: Adopted by the City Council of the City of Marion
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 90 of the 2000 Code]
[Amended 8-17-2023 by Ord. No. 23-21]
The rules, regulations and rates and adopted by the Trustees
for governing of the water system shall be considered a part of the
contract of the City with every person supplied with water through
the waterworks system. Every person receiving water shall by held
thereby to express their assent to be bound by this contract. When
any regulations are violated, the water supply to the premises of
the person may, at the discretion of the Trustees, be shut off from
the building or place of that violation and shall not be restored
except upon compliance with the regulations violated, and upon such
terms as the Trustees shall fix.
[Ord. No. 11-03]
No person shall drill or sink a well for the production of water
within the corporate limits of the City or within two miles of the
corporate limits following platting of property, unless a determination
has been first secured from the Board of Trustees as well as appropriate
state and county authorities that:
A.
The point of water use is greater
than 300 feet from an accessible distribution water main owned and
controlled by the City.
B.
The proposed private well is located
outside the influence of an existing or proposed City-owned well.
C.
The proposed private well is needed
due to extraordinary circumstances of the location of the property
within the City which, if private groundwater sources were not used,
would work an extraordinary hardship on the property.
D.
The Trustees may require owners
of existing private wells to connect to a City-owned distribution
water main in accordance with the provisions of this section if the
above conditions are not satisfied. Such connection shall be completed
within 90 calendar days after official notice to do so, and the existing
private well(s) shall be abandoned as required by state law.
The owner of the premises served and any lessee or tenant thereof
shall be jointly and severally liable for water service charges to
the premises. Water service charges remaining unpaid and delinquent
shall constitute a lien upon the premises served and shall be certified
to the County Treasurer for collection in the same manner as property
taxes.
[Adopted as Ch. 154 of the 2000 Code]
It is the purpose of this article to protect the public water
supply of the City by regulating the locations and types of construction
of certain structures or facilities which may be potential sources
of contamination of the publicly owned water supply wells.
The definitions of words used herein shall be those found in
textbooks of Civil Engineering, except:
A public well located and constructed in such a manner that
there is a continuous layer of low permeability soil or rock at least
five feet thick, the top of which is located at least 25 feet below
the normal ground surface and above the aquifer from which the water
is drawn.
A public well located and constructed in such a manner that
there is not a continuous layer of low permeability soil or rock at
least five feet thick, the top of which is located at least 25 feet
below the normal ground surface and above the aquifer from which the
water is drawn.
[Amended 3-23-2023 by Ord. No. 23-02]
Any new raw water source or underground finished water storage
facility shall be located in relation to a publicly owned well within
the City as set forth in 567 IAC 43.3(7).
The provisions of this article shall apply to all publicly owned
wells existing within the City, except former publicly owned wells
which have been abandoned and from which the pumping equipment has
been removed.
[Ord. No. 10-21]
The use of structures and facilities existing on April 29, 1999,
may be continued even though such use may not conform to the regulations
of this article. Such structure shall not be enlarged, extended, reconstructed
or substituted subsequent to such date.
