(a)
It shall
be unlawful for any person to drill or otherwise construct, repair,
correct, abandon or plug a well or to engage upon such work: within
the city limits, or to employ anyone else to engage in such work,
without first applying for and securing a permit from the city engineer.
(b)
Such
permit may be granted with the approval of the city engineer, to any
person who files with the city engineer the application hereinafter
provided for, and pays the fee hereinafter required, and complies
with all other provisions of this article.
(1965 Code, sec. 21-50)
Every application for a permit for the drilling, construction,
repair and correction, abandonment or plugging of a well, shall state
the name and address of the owner thereof, the purpose for which the
permit is desired, which shall be one (1) or more of the acts just
mentioned; the definite location of the well or proposed well; its
approximate depth; and if for a permit for the drilling or construction
or repair and correction of a water well, the estimated amount of
water to be, or which is pumped daily, monthly or annually, and the
use or uses for which the water will be or is required. For a permit
for the drilling or construction or for the repair and correction
of a well, the proposed method of drilling or construction, or the
proposed method of repair and correction, and the kind of equipment
to be used, and in all cases the name of the contractor, if done through
a contractor, whom the owner desires to drill or construct, repair
and correct, or do the work pursuant to an abandonment of a well in
compliance with this article.
(1965 Code, sec. 21-51)
It shall be the duty of the city engineer to inspect the property
where any well is to be drilled, sunk, dug, or bored and to refuse
the issuance of a permit to drill, sink, dig or bore a well in a place
which does not meet with his approval as to drainage and other sanitary
conditions.
(1965 Code, sec. 21-52)
All permits shall be executed in triplicate, one (1) copy to
be delivered to the applicant and two (2) copies to be retained in
the office of the city engineer.
(1965 Code, sec. 21-53)
The fees to be paid to the city engineer for the permits required by this article shall be in accordance with the fee schedules in chapter 5 of this Code.
(1965 Code, sec. 21-54; Ordinance 1530 adopted 7/14/2003)
All fees and other money collected by the city secretary by
virtue of this article shall be expended by the city engineer to cover
the expense of making examinations of wells within the city limits,
to make or have made the necessary analyses and tests of water therefrom,
to supervise the construction, repair, abandonment and plugging of
wells and the operation of same, and such other expenses as may be
necessary to the enforcement of this article.
(1965 Code, sec. 21-55)
It shall be unlawful for any applicant who obtains a permit
to construct a well of a certain depth, to extend such well to a depth
exceeding the depth provided for in such permit without first obtaining
an additional permit therefor.
(1965 Code, sec. 21-57)
(a)
The
city engineer shall have the power:
(1)
To
make or have made examinations of all wells within the city limits
whether privately owned or otherwise.
(2)
To
make or have made at any time the necessary analyses or tests of water
therefrom.
(3)
To
go upon the land and property of the owner or owners of wells for
that purpose.
(4)
To
require the owner or owners to furnish all information requested concerning
the wells, including in the case of new wells, complete logs of the
well showing depth to and depth through all geologic formations encountered.
(5)
To
supervise the construction, repair, abandonment and plugging of wells
and the operation of the same.
(b)
The
city engineer shall keep a register of all wells within the city limits,
which shall show the name of the owner, the location and the date
of construction of each well, its depth and diameter, the purpose
for which the well was constructed, and if abandoned the date of such
abandonment.
(c)
All
acts authorized to be done by the city engineer may be performed by
such persons as may be authorized by the city engineer to act for
him.
(1965 Code, sec. 21-58)
Every well whether drilled, dug or excavated, which encounters
salt water or water containing mineral or other substance injurious
to health or vegetation, shall be securely plugged and sealed or cased
in such manner that the waters be confined to the stratum in which
found, and all wells shall be so constructed and cased so that no
water from one (1) stratum can by reason of the construction of the
well come in contact with waters from another stratum. The casing
shall be set in the top of the stratum from which water is to be taken
and shall be cemented in place by suitable method to be approved by
the city engineer in accordance with state requirements and regulations.
(1965 Code, sec. 21-60)
(a)
For
the purpose of this article, an abandoned well is:
(1)
A
defective well which, in the judgment of the city engineer, cannot
be corrected to comply with the requirements of this article.
(2)
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
that fact to the city engineer.
(b)
Every
abandoned well shall be filled and plugged with such materials and
in such manner, as in the judgment of the city engineer, and in accordance
with the requirements and regulations of the state will prevent the
pollution and contamination of the city's water supply or the contamination
of any other well within the city limits. Such filling and plugging
shall be done under the supervision of the city engineer, and at the
expense of the owner of such well.
(c)
Whenever
the city engineer 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 the 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 sixty (60) days after
the date of same. Should he fail to so comply within such period or
if after using reasonable diligence, should the city engineer fail
to locate the owner or the agent in charge of such well or of the
property upon which the well is situated, the city engineer may go
on the land or property upon which the well is situated and fill and
plug the same in the manner required by this article. Whenever it
becomes necessary for the city engineer to fill and plug any abandoned
well, the owner thereof shall be liable to the city engineer for the
cost of doing such work and shall pay the same upon demand.
(1965 Code, sec. 21-60)
Every well whether dug or drilled, now constructed or which
may hereafter be constructed, which for any reason does not completely
prevent the mixing of water or other liquid from above and below the
source of the city's water supply with the water in the source of
the city's water supply, or which for any reason would tend to pollute
or contaminate any other well or the water in the source of the city's
water supply, shall be considered a defective well and the city engineer
on his own initiative or upon information or complaint from any source
may make an examination of any well suspected of being defective and
if the examination indicates in the opinion of the city engineer that
the well is a probable source of contamination of the city water supply
or any other well or that the water from the well is unsafe for human
consumption, shall issue written instructions to the owner or his
agent in charge of such well or the property upon which it is situated,
for correcting the defects to comply with the provisions of this article,
and prescribe a time which, in his judgment, under all the circumstances
is reasonable and within which such instructions shall be complied
with. It shall be unlawful for the owner or owners or operators of
such defective well to fail to comply with such instructions within
the time limit prescribed by the city engineer.
(1965 Code, sec. 21-61)
Any well or other opening now constructed or which may hereafter
be constructed penetrating the underground water supply and which
pollutes or contaminates any other well or the city's water supply,
is hereby declared a nuisance and on notice to the owner of such well,
or to the operator thereof or to his agent in charge of the well or
of the property on which it is situated, issued by the city engineer,
such nuisance shall be abated by the owner within ten (10) days from
the date of such notice by filling and plugging the well or opening
in the manner provided for in this article for abandoned wells. If
he shall fail to abate such nuisance within the time or if after exercising
reasonable diligence, the city engineer is unable to locate the owner
or his agent, the city engineer shall have the right to go on the
land or property upon which the well is situated and abate the nuisance
in the manner provided and the owner thereof shall be liable to the
city engineer for the cost of such work and shall pay same upon demand.
(1965 Code, sec. 21-62)
It shall be deemed a violation of this article for any person
to fail or refuse to comply with any order of the city engineer made
in conformity with and under the authority of this article.
(1965 Code, sec. 21-63)
