For the purposes of this article an abandoned well is (i) a defective well which, in the judgment of the superintendent, cannot be corrected to comply with the requirements of this article, or (ii) any well which has been continuously out of use for a period of two (2) years, or longer. Whenever any well has not been in active use for more than two (2) years, the owner or operator of the same shall report such fact to the superintendent. Every abandoned well shall be filled and plugged with such materials and in such manner, as, in the judgment of the superintendent, will prevent or tend to prevent the pollution and contamination of the city’s water supply. Such filling and plugging shall be done under the supervision of the superintendent and at the expense of the owner of such well. Whenever the superintendent shall receive notice, from any source, of the existence of an abandoned well which has not been plugged and filled in accordance with the provisions of this article, he shall notify the owner or agent in charge of such well or of the property upon which it is situated that such well is abandoned and shall instruct him to fill and plug such well in accordance with this article, and the owner or operator of such well shall comply with such order within thirty (30) days after the date of same. Should he fail to comply within such period, or if after using reasonable diligence should the superintendent fail to locate the owner or the agent in charge of such well or of the property upon which the well is situated, the superintendent shall go on the land or property upon which the well is situated and plug the same in the manner required by this article. Whenever it becomes necessary for the superintendent to fill and plug any abandoned well the owner thereof shall be liable to the city for the cost of doing such work.
(Ordinance 81, sec. 11, adopted 1/10/40; 1972 Code, sec. 14-32)